Common Probate Forms Explained

A Plain-English Overview of Frequently Used California Probate Documents

Probate involves a series of court-required forms that establish authority, provide notice, document assets, address debts, and ultimately allow an estate to be distributed and closed. While the number of forms can feel overwhelming, each serves a specific procedural purpose.

Important Scope Note: Every probate case is unique. The forms listed below represent the most commonly used California probate forms, but they do not constitute a complete list. Additional forms may be required depending on the estate, the county, the presence of real property, creditor activity, tax issues, or court-specific local rules.

This addendum is intended for educational reference only and should not be relied upon as a substitute for legal advice or court instructions.

Petition for Probate

(Judicial Council Form DE-111)

This form officially requests that the Superior Court open a probate case. It identifies the decedent, lists heirs and beneficiaries, estimates the value of the estate, and asks the court to appoint a personal representative.

Why it matters: Until this petition is approved, no one has legal authority to manage estate assets, pay debts, or make distributions.

Notice of Petition to Administer Estate

(Form DE-121)

This notice informs heirs, beneficiaries, and other interested parties that a probate petition has been filed and provides the hearing date and location.

It must be properly served and published according to statutory requirements.

Duties and Liabilities of Personal Representative

(Form DE-147)

This form confirms that the proposed executor or administrator understands and accepts the fiduciary responsibilities of the role, including duties of care, loyalty, and disclosure.

Letters Testamentary or Letters of Administration

(Form DE-150)

These letters serve as official proof of authority issued by the court after appointment. Financial institutions and title companies typically require certified copies before allowing access to estate assets.

Inventory and Appraisal

(Forms DE-160 and DE-161)

These forms list all probate assets and assign date-of-death values. Certain assets, such as real estate or business interests, may require appraisal by a court-appointed probate referee.

Creditor Claim

(Form DE-172)

Creditors use this form to submit claims for payment of debts owed by the decedent. Claims must be filed within strict statutory deadlines.

Petition for Final Distribution

Filed near the end of probate, this petition requests court approval to distribute remaining estate assets after debts, expenses, and taxes have been resolved.

Order for Final Distribution

This court order authorizes final distributions and formally approves the estate’s final accounting.

Receipts and Releases

Beneficiaries sign these documents to acknowledge receipt of their inheritance and to release the personal representative from further liability related to distributions.

Final Discharge of Personal Representative

This filing formally ends the executor’s or administrator’s responsibilities and closes the probate case once approved by the court.

Final Reminder

Probate procedures, required forms, and local rules can vary by county and by the specific circumstances of an estate. Court clerks, attorneys, and probate professionals are often necessary to confirm which documents apply in a given case.