California Form DE-140, titled Order for Probate, is the Judicial Council form a judge signs to formally appoint the executor, administrator, administrator with will annexed, or special administrator of a deceased person’s estate. You don’t file it on its own. It is the order the court produces after you file a Petition for Probate (DE-111), give the required notices, and appear at the hearing. Even after the judge signs it, your authority to act does not begin until the clerk issues Letters on Form DE-150, a point printed in bold capitals at the top of the form itself.1California Legislative Information. California Probate Code 8400
What the Order Decides
DE-140 is a preprinted form with checkboxes and blanks the judge fills in (or that you submit pre-filled as a proposed order). The signed document locks in six things:2Judicial Council of California. DE-140 Order for Probate
- Findings about the decedent: date and place of death, California residency, and whether they died with or without a will. If a will exists, the order states the date it was admitted to probate.
- The name of the personal representative and the type of appointment.
- Whether the representative has full or limited authority under the Independent Administration of Estates Act.
- Whether a bond is required, in what amount, and whether estate funds must sit in a blocked account.
- The name of the probate referee who will appraise estate assets.
- Confirmation that every person entitled to notice of the hearing actually received it.
Each box on the form corresponds to a decision with real consequences for how you will administer the estate, so the proposed order you submit should match exactly what you asked for in the petition.
Who the Court Can Appoint
The order has four checkboxes for the type of personal representative. Which one applies depends on whether there is a will and who is stepping forward.
Executor
If the will names someone to run the estate, that person is appointed executor. The will is the source of the authority; the court is confirming it. If the named executor can’t or won’t serve, the court looks to any alternate the will names.
Administrator With Will Annexed
When there is a will but no one named is available to serve, the court appoints an administrator with will annexed. This person follows the will’s terms but was not the decedent’s original pick.
Administrator
When there is no will, the court appoints an administrator from a statutory priority list. The surviving spouse or domestic partner comes first, then children, grandchildren, parents, siblings, and more distant relatives. Creditors and unrelated individuals fall near the bottom.3California Legislative Information. California Probate Code 8461
Special Administrator
A special administrator handles urgent matters before a permanent appointment or protects assets at risk of loss. The order can grant general powers, limited powers described in an attachment, or set an expiration date. Appointments without notice of hearing are common when property needs immediate protection.
Full or Limited IAEA Authority
One checkbox on DE-140 carries more weight than most of the others combined: whether the representative gets full or limited authority under the Independent Administration of Estates Act.4California Legislative Information. California Probate Code 10450
Full authority lets you sell real and personal property, borrow money, and handle most estate transactions without a separate court hearing. Beneficiaries still get advance notice and can object. Limited authority works the same for personal property, but you cannot sell or encumber real property without court approval. You request full or limited authority on the petition (DE-111); whichever the judge grants shows up on the DE-140.
Bond and Blocked Accounts
A bond protects the estate against mismanagement. The court can waive it in two situations: the will explicitly says no bond, or every beneficiary signs a written waiver attached to the petition.5Justia Law. California Probate Code 8480-8488 – Article 5 Bond
When a bond is required, the amount is calculated from the estimated value of personal property, probable annual gross income of the estate, and the value of any real property the representative has independent authority over. A bond from a professional surety company can be set at the calculated figure. A bond backed by personal sureties must be set at double. Even when a will waives the bond, the court can override that waiver on petition from an interested person or for good cause.
The order can also require estate cash to go into a blocked account at a named bank, with no withdrawals allowed without a court order. This is sometimes used instead of a bond and sometimes alongside one, often when the estate holds significant cash.
How to Get a Signed DE-140
You never file DE-140 by itself. It is the output of a probate petition that moves through several steps.
File the Petition for Probate
Start with Form DE-111, Petition for Probate, which asks the court to appoint you.6Judicial Branch of California. Petition for Probate DE-111 File it with the probate clerk in the county where the decedent lived. The filing fee is typically $435, waivable for financial hardship, and reimbursable from estate funds.7California Courts. If You Need Formal Probate
Give Notice and Publish
The court sets the hearing 15 to 30 days out, or 30 to 45 days if you request the longer window. Within 15 days of the hearing, you must serve the Notice of Petition to Administer Estate (Form DE-121) and publish it in a newspaper of general circulation. You also serve Notice of Hearing (Form DE-120) on interested parties. Proof of service and proof of publication go into the file before the hearing.
Submit the Proposed Order
Before the hearing, prepare a DE-140 with your information filled in and submit it along with proposed Letters (DE-150) and any required bond. Many courts want these documents about three weeks before the hearing so a probate examiner can review them. If the examiner finds defects, you’ll see notes on the court’s calendar that you need to fix before you appear.
Attend the Hearing
At the hearing, the judge reviews the petition, confirms notice was properly given, and checks for objections. If no one objects, the judge signs the DE-140 and admits any will to probate. A contested hearing, where someone challenges the will or your fitness to serve, can push the signed order out considerably.
Pick Up the Letters
After the judge signs DE-140, the clerk issues Letters on Form DE-150. Those are the working documents you present to banks, title companies, and anyone else holding estate assets. Your appointment is not effective until you have them.1California Legislative Information. California Probate Code 8400
What Happens After the Order Is Signed
The signed order starts the clock on several duties. You must file an inventory and appraisal of all estate property within four months of the date Letters first issued. The inventory lists every asset; the appraisal is handled by the probate referee named on your DE-140, except for cash and certain financial accounts you can value yourself.8California Legislative Information. California Probate Code 8800
You also notify the decedent’s creditors so they can file claims. Known creditors get direct notice; unknown creditors are reached through the published notice. From the day the Letters issue, you have a fiduciary duty to preserve estate property, pay valid debts, and eventually distribute what remains to the people entitled to it.