Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In California, probate uses Judicial Council forms (formerly AOC forms) and grants a personal representative the authority to manage an estate when someone dies without a valid will or without naming an executor. Here’s how to apply:
- Confirm the need for letters of administration. Under Cal. Probate Code §8400, you need administration if the decedent died intestate (without a will) or the will does not nominate an executor. See Probate Code §8400.
- Determine the proper court. File in the superior court of the county where the decedent was domiciled at death. Check local court rules for deadlines and fees.
- Gather required documents.
- Certified copy of the decedent’s death certificate.
- List of next of kin with addresses and relationships.
- Estimated value of assets (real, personal, and debts).
- Complete and file the probate petition. Use Judicial Council form DE-111 (Petition for Probate—No Will), and if required, MC-051 (Confidential Supplemental Information) to protect personal information. Attach the death certificate and any attachments (e.g., family tree).
- File supporting forms. At filing, you must submit:
- DE-111: Petition for Probate of Will and for Letters (or for Administration if no will).
- DE-120: Notice of Petition to Administer Estate.
- MC-051: Confidential Supplemental Information for Court Records (if applicable).
- Proof of mailing (form DE-150 or local equivalent).
- Pay filing fees and post bond. Probate Code §9100 allows fee waivers or bond waivers under certain conditions. See Probate Code §9100. If required, submit a surety bond using form DE-154.
- Serve notice and attend the hearing. Serve DE-120 on heirs and interested parties at least 15 days before the hearing. Attend the court hearing. The judge reviews the petition and, if approved, signs an order.
- Receive letters of administration. After the hearing, obtain letters of administration on form DE-150 (Letters to Personal Representative).
- Manage estate administration. File the Inventory and Appraisal (DE-160) within four months. Follow Probate Code §§8800–8850 for estate administration and distribution.
Helpful Hints
- Check local court websites for specific procedures and fee schedules.
- Review California Probate Code §§8000–10100 for detailed probate rules.
- Consider consulting a probate attorney if the estate is complex.
- Keep copies of all filed documents and proof of service.
- Mark deadlines on a calendar to avoid delays and penalties.