How to File a Petition for Probate in California (DE-111)

To file a Petition for Probate in California, you complete Judicial Council Form DE-111, attach the original will if one exists, and file it with the probate division of the superior court in the county where the deceased person lived. The statewide filing fee is $435, and the clerk will assign a case number and a hearing date, usually 15 to 45 days out. Before that hearing, you must mail notice to every heir and beneficiary and publish notice in a local newspaper.

One boundary before you start. Not every estate needs a full probate case. If the gross value of the California property is at or below $208,850 (for deaths on or after April 1, 2025), an heir can often use a small estate affidavit instead, and a separate simplified petition handles a primary residence worth $750,000 or less.¹ Joint tenancy property, trust assets, payable-on-death accounts, and retirement accounts with named beneficiaries also pass outside probate and are excluded when you measure the estate against the threshold. If everything the decedent owned falls into one of those categories, you likely don’t need DE-111 at all.

Gather These Documents Before You Open the Form

Chasing paperwork after you’ve started drafting the petition wastes time and produces the kind of inconsistencies the court’s probate examiner will flag later. Pull the following together first:

The original signed will, if one exists. Photocopies are not accepted. The original is filed with the petition.
Several certified copies of the death certificate. The court needs one; banks, insurers, and agencies will need the others.
The decedent’s full legal name, date of birth, date and place of death, Social Security number, and last address.
A list of every heir and beneficiary, with addresses, ages, and their relationship to the decedent. Document your search efforts for anyone you can’t locate.
A preliminary inventory of assets and debts: bank accounts, real property, vehicles, investments, and known liabilities. Rough figures are fine at this stage; formal appraisal comes later.

Filling Out Form DE-111

Form DE-111 is a mandatory statewide Judicial Council form available on the California Courts website and at any superior court clerk’s office.² Filling it out carefully the first time is the difference between a routine hearing and a continuance.

At the top, you’ll identify the superior court and county, enter your name and address as the petitioner, and provide the decedent’s full legal name. Below that, the form asks for the date and place of death and whether a will exists. If there is a will, attach the original. You’ll then list all heirs and beneficiaries and their relationships to the decedent.

The form also asks what authority you’re requesting under the Independent Administration of Estates Act. Full authority lets the personal representative handle most estate transactions, including real property sales, without returning to court for each one. Limited authority still allows independence on most matters but requires court approval before selling real estate.³ Full authority is usually the practical choice because it reduces the number of court appearances.

You’ll also complete Form DE-147, Duties and Liabilities of Personal Representative, which the person being nominated must sign to acknowledge the obligations of the role.⁴

Where to File and What It Costs

File your completed forms with the probate division of the superior court in the county where the decedent lived. The statewide filing fee for a first petition for letters testamentary or letters of administration is $435.⁵ A handful of counties, including Riverside, San Bernardino, and San Francisco, add a courthouse construction surcharge. If you can’t afford the fee, you can request a fee waiver from the court.

When the clerk accepts your filing, your forms get a case number and a hearing date. By default the hearing lands 15 to 30 days after filing. You can ask for 30 to 45 days at the time you file, and most petitioners do, because the notice steps described below need that extra time.⁶

Giving Notice Before the Hearing

California requires two separate forms of notice: personal notice by mail to interested parties, and public notice through a newspaper. Both must be completed and their proofs filed with the court before the hearing date. Skipping or bungling either is the single most common reason hearings get continued.

Mailed Notice on Form DE-121

Using Form DE-121, Notice of Petition to Administer Estate, mail notice to every heir, beneficiary, and person named in the will at least 15 days before the hearing.⁷ The notice states the date, time, and location of the hearing and identifies the petition. After mailing, you file a proof of service with the court.

Newspaper Publication

Publish the notice in a newspaper of general circulation in the city where the decedent lived. The first publication must appear at least 15 days before the hearing, and three total publications are required with at least five days between the first and last publication dates.⁸ If the decedent didn’t live in a city, or no newspaper serves that city, publication runs in a newspaper circulated in the relevant part of the county. The newspaper typically handles the proof of publication filing for a fee, and many courts publish lists of approved papers.

The Probate Hearing

Before the hearing, a probate court examiner reviews the file for completeness and accuracy: whether notice was properly given, whether all required forms were filed, and whether the petition itself contains errors. Many courts post the examiner’s notes online several days in advance. It’s worth checking, because you can often correct minor issues before the hearing rather than have the judge continue it.

If the file is in order and no one objects, the hearing is usually brief. The judge signs an order admitting the will to probate (if there is one) and appointing the personal representative. When a will names an executor, the court appoints that person. When there is no will, the court appoints an administrator based on a statutory priority list that begins with the surviving spouse or domestic partner, then children, then grandchildren, and works outward through the family.⁹

After the order is signed, the court issues Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t). Those letters are the personal representative’s proof of authority to act for the estate. Banks, title companies, and other institutions will ask for certified copies before releasing any assets.

If Someone Objects

An interested person who disputes the will or opposes the proposed personal representative can file a formal objection. The objecting party then serves a summons on all interested parties, and the respondents have 30 days to file a written response.¹⁰ A will contest turns the case into something closer to a civil lawsuit, delays administration substantially, and almost always calls for an attorney.

First Duties Once You’re Appointed

Getting appointed is the starting line, not the finish. Several obligations attach immediately, and missing them can create personal liability for the representative.

Bond

California requires the personal representative to post a surety bond before letters are issued, unless the bond is waived.¹¹ Two situations produce a waiver: the will itself waives bond, or all beneficiaries file written waivers with the petition. Even then, the court can order a bond for good cause. Bond premiums typically run 0.5% to 1% of the bond amount annually and are paid from the estate.

Inventory and Appraisal

The personal representative must file an inventory and appraisal of estate assets within four months of appointment. The court appoints a probate referee to value most non-cash assets at fair market value as of the date of death. The representative may value cash, bank accounts, and certain securities directly; real property and other non-cash assets go to the referee.

Creditor Claims

Once letters are issued, creditors have four months to file claims against the estate. A creditor who receives direct notice has 60 days from the date that notice was mailed or delivered, if that period runs past the four-month window.¹² The representative reviews each claim and accepts or rejects it. A rejected claim can lead to litigation if the creditor pursues it in court.

1
Judicial Council of California. DE-300 Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration
2
California Courts. Petition for Probate (DE-111)
3
California Legislative Information. California Probate Code 10450 – Independent Administration
4
Judicial Council of California. DE-147 Duties and Liabilities of Personal Representative
5
California Courts. Statewide Civil Fee Schedule Effective January 1, 2026
6
California Legislative Information. California Probate Code Part 2 Chapter 1
7
California Courts. Notice of Petition to Administer Estate (DE-121)
8
Justia Law. California Probate Code 8120-8125 – Publication
9
California Legislative Information. California Probate Code 8461 – Priority for Appointment
10
Justia Law. California Probate Code 8250-8254 – Contest of Will
11
Justia Law. California Probate Code 8480-8488 – Bond
12
California Legislative Information. California Probate Code 9100 – Creditor Claims