Key Aspects of Filling Out Form DE-111 Petition for Probate

As part of our primer for probate in California, the first step for initialing probate is to file your probate petition. Filling out Form DE-111 is the first step to take in California to appoint a personal representative or executor.

Let’s breakdown the initial information requests at the top of the form.

The Executor and the Estate

The contact information (if not completed by an attorney) will be that of the representative or executor. If not represented by an attorney, write “pro se” or “self-represented” where it says, “Attorney for.”

Then, add all pertinent information, including the county, for the superior court for which the form will eventually be filed. The county listed should be where the decedent lived at the time of death, or in the case of someone who lived outside of California, where they owned property. If you are not sure which court to file, check the superior court’s website for a list of probate courts.

Just below this information will be where you list the decedent’s full legal name, along with any possible aliases or name variants.

What type of probate you’re petitioning for

There are up to four options to choose from when deciding what type of probate you will be petitioning for.

If there’s a will in place, you will select either a “Probate of Will and for Letters Testamentary” (for wills in which you are named as an executor) or “Probate of Will and for Letters of Administration with Will Annexed” (if you are not named as executor of the will). If you know there is a will, but it has been lost, mark the appropriate box. If there is no will, leave these unchecked.

Whether or not there is a will, there are other options to consider:

• Letters of Special Administrator: If you need the court to appoint a representative because of exigent circumstances (in other words, in 24-48 hours instead of the general 4 to 6 weeks it would normally take to appoint an executor), you will select this option. Possible reasons you may need to speed up the process would be because of an impending foreclosure or to protect specific assets.
• Authorization to Administer Under the Independent Administration of Estates Act: If for some reason, you, as the executor, need to take specific actions without court approval, you will select this option. Be careful, though, as the will may prohibit this action.
• With Limited Authority: If you are not planning to sell or deal with real property, mark this box.

The rest of this form is relatively self-explanatory, requesting details regarding all aspects of the decedent and the will itself. Answer fully and honestly to all questions. If you need assistance, or aren’t sure about how to answer a question, contact King Law Firm Attorneys at Law, Inc. for a consultation.

You may also learn more about the entire probate process by downloading our probate timeline checklist.

Tags: administration of estates act, Form DE-111, letters of special administrator, Letters Testamentary, limited authority, Probate, the estate, the executor, will
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