California’s Order for Probate (Form DE-140) is the proposed court order you prepare for the judge to sign at your probate hearing, confirming who will serve as personal representative, what level of authority they have, and what bond is required. You fill it out in advance, bring it to the hearing along with a blank Letters form (DE-150), and hand both to the clerk once the judge rules on your petition. The form itself prints a warning in capital letters across page one: the appointment is not effective until Letters actually issue, so a signed DE-140 is only the second-to-last step.
When DE-140 Fits Into the Probate Timeline
DE-140 is not the document that opens a probate case. By the time you prepare it, your Petition for Probate (DE-111) is already on file, the $435 statewide filing fee has been paid, and the newspaper publication of the hearing notice is complete. The order simply memorializes what the judge decides at the hearing on that petition.
Because it is a Judicial Council mandatory form, you cannot alter the printed language or delete sections. Use the current version from the California Courts website or your local court’s self-help portal. Crossing out language or submitting an outdated version is one of the quickest ways to get the order kicked back.
Information to Have in Front of You
The order has to match the petition and the court file exactly. Before you start:
- The decedent’s full legal name as it appears on the death certificate and the petition. Do not add nicknames or alternate names that were not in the petition.
- The case number assigned when the petition was filed. It goes in the upper right corner of every page.
- The hearing date, time, and department.
- The bond situation: whether the will waives bond, whether every beneficiary signed a written waiver, or the dollar figure the judge set.
- The authority level the judge granted under the Independent Administration of Estates Act (full or limited).
Completing Each Section
Header and Case Caption
Enter the attorney or petitioner’s name and address in the upper left block. Fill in the superior court’s name and county, the decedent’s name in the caption, and the case number. Any mismatch between how the decedent is named here and in the petition will bounce the order.
Section 3: Type of Representative
Check the one box that matches the judge’s ruling:
- Executor, when the decedent’s will names the person to serve.
- Administrator with will annexed, when a will exists but names no executor or the named executor cannot serve.
- Administrator, when there is no valid will and the court appoints someone (usually the surviving spouse or closest relative).
- Special administrator, a temporary appointment for urgent matters. If you check this, you also indicate whether the special administrator has general powers, limited special powers, or was appointed without a hearing notice, and fill in the expiration date for the letters.
Only one main category gets checked. The choice controls the scope of authority and which statutes govern the duties going forward.1California Courts | Self Help Guide. Order for Probate (DE-140)
Section 4: Independent Administration Authority
The Independent Administration of Estates Act lets the personal representative handle most estate business, including paying bills, selling personal property, and investing funds, without returning to court for approval each time. The judge grants one of two levels, and you check the matching box.
Box 4a is full authority. You can manage nearly all estate business without prior court approval, including selling real property. Court approval is still required to pay yourself executor fees, pay your attorney from estate assets, or make final distributions.2Justia Law. California Probate Code 10450-10454
Box 4b is limited authority. You have the same independence for personal property and routine matters, but you cannot sell real property, grant an option to purchase real property, or take a loan secured by real property without court supervision. A real estate sale under limited authority requires a published notice of sale, a court-confirmed price at or above 90% of the appraised value, and a hearing where competing bids can come in.3Judicial Council of California. Order for Probate
The authority level also affects the bond calculation: full authority bonds factor in real property values, while limited authority bonds do not.
Section 5: Bond
Bond protects beneficiaries if the representative mishandles assets. Every personal representative must post bond before Letters will issue, with two exceptions: the will explicitly waives it, or every beneficiary files a written waiver attached to the petition.4Justia Law. California Probate Code 8480-8488 Even where bond is waived, the court can require one on request of an interested person or for good cause.
Check the box that matches the judge’s ruling:
- 5a: Bond is not required (will or beneficiaries waived it).
- 5b: Bond is fixed at a specific dollar amount. Enter the figure the judge ordered. The statutory maximum equals the estimated value of personal property, plus probable annual gross income, plus real property value if full IAEA authority was granted.
- 5c: Deposits are ordered into a blocked account. Fill in the institution name, location, and dollar amount. No withdrawals without a separate court order.
- 5e: The representative cannot take possession of any money or property without a specific court order, the most restrictive option.
Notice Checkboxes
DE-140 includes boxes where the judge confirms that proper notice was given. You do not fill these in. The judge or examiner initials them after reviewing your proof of publication, which has to be on file at or before the hearing. California requires the first publication to appear at least 15 days before the hearing, with three total publications and at least five days between the first and last publication dates, in a newspaper of general circulation serving the city where the decedent lived.5California Legislative Information. California Probate Code 8121
Submitting the Order at the Hearing
Bring the completed DE-140 and a blank DE-150 to court on the hearing date. After the judge rules on the petition, hand both to the courtroom clerk for signature. Many counties prefer that you lodge the proposed order with the probate examiner several days before the hearing so errors can be fixed early. Check local rules, because this practice varies by county.
The judge reviews the proposed order against the petition and what was presented at the hearing. If names, dates, authority, and bond all match, and proper notice, publication, and filing fees are in order, the judge signs. That signature converts DE-140 from a proposed document into a binding order, but the appointment still does not take effect until Letters actually issue.6California Legislative Information. California Probate Code 8400
Why Proposed Orders Get Rejected
Probate examiners catch most errors before the order reaches the judge. The recurring problems:
- The decedent’s name on the order does not exactly match the petition or death certificate.
- Hearing, publication, or filing dates on the order conflict with the court file.
- Proof of publication was never filed, or the publication dates miss the 15-day and 5-day spacing rules.
- Printed language on the Judicial Council form has been crossed out, or the version is outdated.
- The bond section is left blank, or a required bond was not secured before the hearing.
- Interested parties, such as beneficiaries named in the will, were not properly served with notice of the hearing.
Getting Letters After the Order Is Signed
Once the signed DE-140 is filed with the clerk, ask the clerk to issue the Letters (DE-150). The Letters are the document you will actually use with third parties. Banks, title companies, government agencies, and insurance companies all want to see certified copies of the Letters before they will release accounts or transfer property.7California Courts | Self Help Guide. Letters (DE-150)
Order certified copies right away. Each certified copy costs $40 in California.8California Courts. How to Get a Copy of a Court Record Three to five is a reasonable starting number: one for each financial institution holding the decedent’s assets, one for the county recorder if real property is involved, and a spare. Many institutions will not accept copies more than 60 days old, so expect to order fresh ones later in the administration.