Form Notice Action PDF Details

In the realm of estate administration, the Notice of Proposed Action form (DE-165) emerges as a crucial tool, designed to streamline the process while safeguarding the interests of all parties involved. Tailored for use in the Superior Court of California, this document serves as a bridge between personal representatives and the heirs or beneficiaries of a decedent's estate, under the frameworks of the Independent Administration of Estates Act. At its core, the form outlines proposed actions by the personal representative—who might be an executor or administrator—intended to be taken without court supervision, unless an objection is raised. This could include, but is not limited to, the sale or exchange of real property, or transactions that could significantly impact the estate's assets. The form not only mandates the provision of specific details regarding these proposed actions but also sets a framework for objections or consents by interested parties. By stipulating a clear deadline for objections and the mechanism for expressing consent, the Notice of Proposed Action form plays a pivotal role in ensuring the estate is administered efficiently while maintaining transparency and fairness among all stakeholders.

QuestionAnswer
Form NameForm Notice Action
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesde165, california form de 165, de 165 form, notice action

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DE-165

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

TELEPHONE AND FAX NOS.:

FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name):

DECEDENT

CASE NUMBER:

NOTICE OF PROPOSED ACTION

Independent Administration of Estates Act

ObjectionConsent

NOTICE: If you do not object in writing or obtain a court order preventing the action proposed below, you will be treated as if you consented to the proposed action and you may not object after the proposed action has been taken. If you object, the personal representative may take the proposed action only under court supervision. An objection form is on the reverse. If you wish to object, you may use the form or prepare your own written objection.

1.The personal representative (executor or administrator) of the estate of the deceased is (names):

2.The personal representative has authority to administer the estate without court supervision under the Independent Administration of Estates Act (Prob. Code, § 10400 et seq.)

a. with full authority under the act.

b. with limited authority under the act (there is no authority, without court supervision, to (1) sell or exchange real property or

(2)grant an option to purchase real property or (3) borrow money with the loan secured by an encumbrance upon real property).

3. On or after (date):

 

, the personal representative will take the following action without court

supervision (describe in specific terms here or in Attachment 3):

The proposed action is described in an attachment labeled Attachment 3.

4. Real property transaction (Check this box and complete item 4b if the proposed action involves a sale or exchange or a grant of an option to purchase real property.)

a.The material terms of the transaction are specified in item 3, including any sale price and the amount of or method of calculating any commission or compensation to an agent or broker.

b. $

is the value of the subject property in the probate inventory.

 

No inventory yet.

NOTICE: A sale of real property without court supervision means that the sale will NOT be presented to the court for confirmation at a hearing at which higher bids for the property may be presented and the property sold to the highest bidder.

(Continued on reverse)

Form Approved by the

Judicial Council of California DE-165 [Rev. January 1, 1998]

NOTICE OF PROPOSED ACTION

Probate Code, § 10580 et seq.

 

Objection—Consent

 

(Probate)

WWW.ACCESSLAW.COM

 

ESTATE OF (Name):

DECEDENT

CASE NUMBER:

5.If you OBJECT to the proposed action

a.Sign the objection form below and deliver or mail it to the personal representative at the following address (specify name and address):

OR

b.Send your own written objection to the address in item 5a. (Be sure to identify the proposed action and state that you object to it.)

OR

c.Apply to the court for an order preventing the personal representative from taking the proposed action without court supervision.

d.NOTE: Your written objection or the court order must be received by the personal representative before the date in the box in item 3, or before the proposed action is taken, whichever is later. If you object, the personal representative may take the proposed action only under court supervision.

6.If you APPROVE the proposed action, you may sign the consent form below and return it to the address in item 5a. If you do not object in writing or obtain a court order, you will be treated as if you consented to the proposed action.

7.If you need more INFORMATION, call (name):

(telephone):

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME)

(SIGNATURE OF PERSONAL REPRESENTATIVE OR ATTORNEY)

OBJECTION TO PROPOSED ACTION

I OBJECT to the action proposed in item 3.

NOTICE: Sign and return this form (both sides) to the address in item 5a. The form must be received before the date in the box in item 3, or before the proposed action is taken, whichever is later. (You may want to use certified mail, with

return receipt requested. Make a copy of this form for your records.)

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME)

(SIGNATURE OF OBJECTOR)

CONSENT TO PROPOSED ACTION

I CONSENT to the action proposed in item 3.

NOTICE: You may indicate your consent by signing and returning this form (both sides) to the address in item 5a. If you do not object in writing or obtain a court order, you will be treated as if you consented to the proposed action.

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME)

(SIGNATURE OF CONSENTER)

 

 

DE-165 [Rev. January 1, 1998]

NOTICE OF PROPOSED ACTION

Page two

Objection—Consent

(Probate)

How to Edit Form Notice Action Online for Free

When you desire to fill out de 165, you don't need to install any sort of software - just make use of our PDF editor. In order to make our tool better and simpler to use, we constantly design new features, taking into consideration suggestions from our users. To get started on your journey, take these simple steps:

Step 1: Firstly, open the pdf editor by clicking the "Get Form Button" in the top section of this page.

Step 2: After you access the PDF editor, you'll see the document all set to be filled in. In addition to filling in different blank fields, you could also perform some other actions with the form, particularly writing custom textual content, editing the initial textual content, inserting illustrations or photos, affixing your signature to the form, and much more.

When it comes to blanks of this particular form, here is what you should do:

1. When completing the de 165, make certain to incorporate all of the necessary blanks in the relevant form section. It will help to hasten the work, making it possible for your information to be handled without delay and properly.

california 165 conclusion process detailed (step 1)

2. Once your current task is complete, take the next step – fill out all of these fields - The personal representative, The personal representative has, a b, with full authority under the act, On or after date, the personal representative will, supervision describe in specific, and The proposed action is described with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

california 165 conclusion process clarified (step 2)

3. This third stage will be simple - fill out all the blanks in Real property transaction Check, is the value of the subject, No inventory yet, NOTICE A sale of real property, Form Approved by the, Judicial Council of California, DE Rev January, Continued on reverse, NOTICE OF PROPOSED ACTION, ObjectionConsent, Probate, Probate Code et seq, and wwwaccesslawcom to conclude this process.

wwwaccesslawcom, Form Approved by the, and DE Rev January in california 165

4. This particular section comes with the next few empty form fields to consider: ESTATE OF Name, CASE NUMBER, DECEDENT, If you OBJECT to the proposed, a Sign the objection form below, address, b Send your own written objection, c Apply to the court for an order, d NOTE Your written objection or, item or before the proposed, If you APPROVE the proposed, If you need more INFORMATION call, and Date.

Step # 4 in submitting california 165

5. As a final point, the following last part is precisely what you should finish before finalizing the document. The fields at issue are the following: TYPE OR PRINT NAME, SIGNATURE OF PERSONAL, I OBJECT to the action proposed in, OBJECTION TO PROPOSED ACTION, NOTICE Sign and return this form, box in item or before the, Date, TYPE OR PRINT NAME, SIGNATURE OF OBJECTOR, I CONSENT to the action proposed, CONSENT TO PROPOSED ACTION, NOTICE You may indicate your, and Date.

california 165 conclusion process explained (stage 5)

A lot of people frequently make errors while completing OBJECTION TO PROPOSED ACTION in this part. Make sure you reread everything you enter here.

Step 3: Right after you have reread the details entered, click "Done" to conclude your form. Sign up with us right now and instantly obtain de 165, ready for download. Every change you make is handily saved , which enables you to change the form at a later time as needed. FormsPal provides safe document editor with no personal data recording or distributing. Feel safe knowing that your details are safe with us!

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