Quick overview

If a probate estate is reopened in California and you want to be appointed as the administrator (personal representative) because the decedent died intestate or a prior representative is unavailable, the court will require clear proof of your relationship to the decedent and evidence you are entitled to priority under the Probate Code. That proof usually consists of certified vital records and court filings, sworn statements, and the standard probate petition and forms. The court needs documentation that establishes who the heirs are, who has priority to appointment, and whether a bond or waivers are required.

Detailed answer — what documentation the court typically requires

Below is a checklist of the commonly required documents and the role each plays when seeking appointment as administrator in a reopened California probate matter.

• Certified copy of the decedent’s death certificate. The court will require an official, certified death certificate to open or reopen probate and to support any petition for letters of administration.
• Petition for Probate (Petition for Letters of Administration / Appointment). Use the California probate petition form to ask the court to appoint you. The standard form is petition DE-111 (Petition for Probate) and related local forms; the petition explains the facts, names the heirs, and asks the court to appoint a personal representative. (See California Courts forms: Petition for Probate (DE-111): https://www.courts.ca.gov/documents/de-111.pdf.)
• Evidence of kinship — certified vital records. Provide certified (long-form) birth certificates, marriage certificates, adoption decrees, and/or certified divorce decrees that show the relationship between you and the decedent and between other heirs. Examples:
  • Your birth certificate showing the decedent as parent (if claiming as child).
  • Marriage certificate showing you were married to the decedent (if claiming as surviving spouse).
  • Adoption decree showing legal parent-child relationship (if applicable).
• Genealogy chart and sworn declarations or affidavits. A simple family tree or pedigree chart plus signed declarations (or affidavits) from you and other witnesses can help the court understand family relationships. If some relationships are not supported by vital records, you may need affidavits from people with direct knowledge (e.g., long-time family members) or evidence from public records.
• Certified copies of prior probate letters, orders, or case files (if the estate is being reopened). If the case is being reopened because of previously issued Letters of Administration or Letters Testamentary, provide certified copies of those letters, the prior order, and filings explaining why the estate is reopened (for example, newly discovered assets or claims). The court will want to see the history before appointing a successor representative.
• Proof of notice to heirs and interested persons. California probate procedure requires notice of the petition to certain persons. You will prepare and file the required notice forms and proofs of service. The Court’s self-help pages and local rules list exact notice requirements: https://www.courts.ca.gov/selfhelp-probate.htm
• Waivers or consents from other heirs (if available). If other heirs consent to your appointment, signed written waivers or consents can speed the process and may eliminate contested hearings.
• Bond documentation (if a bond is required). The court will decide whether a bond is required for a personal representative. If so, you must provide a surety bond or obtain an order waiving bond. The bond amount is usually based on estate value (see local rules and Probate Code for detail).
• Identification and residency documents for the applicant. The court will want to confirm your identity and address (driver’s license, passport, utility bill), particularly if the decedent had out-of-state heirs.
• Evidence of intestacy or lack of a valid will. If you claim appointment because there is no valid will, the court must be satisfied the decedent left no controlling will. If there was a will that purports to appoint someone else, you must address that through the probate process. The petition should state whether the decedent left a will and, if so, why it does not control.
• Other documentary evidence as the court requests. Courts may ask for additional records (property deeds, bank statements, death notices) to confirm the estate’s assets and the identity of heirs.

Relevant statutory framework: California’s intestate succession and appointment rules appear in the California Probate Code. For an overview of intestate succession rules, see California Probate Code — Division 6 (Intestate Succession): https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PRC&division=6.&title=&part=&chapter=&article= . For practical probate forms and instructions, see the California Courts probate pages: https://www.courts.ca.gov/selfhelp-probate.htm.

How the court determines priority to be appointed

When multiple people claim the right to be appointed, California uses a statutory priority list (spouse, children, parents, siblings, more remote next of kin). The petition should clearly state where you fit in the priority list and provide the documentation above to prove that status. If an heir with higher priority objects or is unavailable, the court will consider that in deciding whether to appoint you. For details on who has priority, consult the Probate Code sections on appointment and intestate succession (see Division 6 link above).

Typical process and timeline

• Prepare and file the Petition for Probate and attach certified documents (death certificate, relationship evidence, prior letters if reopening).
• Serve required notices and file proofs of service.
• If no valid objections, the court may hear the petition and issue an order appointing you and issuing Letters of Administration.
• If contested, the matter may require an evidentiary hearing; the court will evaluate documentary and testimonial evidence of kinship.

The timeline varies by county and whether the petition is contested — from a few weeks in uncontested matters to months if contested or if the court requires more documentation.

Helpful Hints

• Gather certified (long-form) vital records early: birth, marriage, adoption, and death certificates are the most persuasive evidence of kinship.
• Locate any prior probate case numbers, orders, or letters before filing; delivering certified copies to the new court file avoids duplication and confusion.
• Use the official probate petition form (DE-111) and related probate forms available from the California Courts website: https://www.courts.ca.gov/forms.htm?filter=probate.
• If records are missing (for example, older or out-of-state records), prepare sworn declarations by witnesses and explain efforts to obtain vital records.
• Ask the court clerk for local procedures and filing checklists — counties often have local probate rules that affect notice timelines and bond requirements.
• If another heir has higher priority, consider negotiating a voluntary resignation or a written consent to appointment to avoid a contested hearing.
• Keep copies of everything you file and obtain certified file-stamped copies of any orders appointing you and of Letters of Administration.
• Consider getting help from an attorney or a probate-paralegal experienced with local probate practice if the case is complex or contested.

Where to read the law and find forms

• California Probate Code (Legislative Information): https://leginfo.legislature.ca.gov/faces/codes.xhtml — use this site to read the Probate Code divisions and specific sections on intestacy and appointment.
• California Courts — probate self-help, instructions and official forms: https://www.courts.ca.gov/selfhelp-probate.htm and forms index: https://www.courts.ca.gov/forms.htm?filter=probate.
• Common petition form: DE-111 (Petition for Probate): https://www.courts.ca.gov/documents/de-111.pdf.