Filling Out California Probate Court Forms for a Hearing

Filling out California probate court forms for a hearing is one of those tasks that sounds simple until you sit down with the paperwork. One wrong date, one missing signature, or one unchecked box can push your hearing back weeks or even months. If you're an executor, administrator, or petitioner handling a loved one's estate, getting these forms right the first time saves you time, money, and stress. This guide walks you through exactly how to fill out each form you'll need, section by section, so you can file with confidence.

What forms do I need to fill out for a California probate court hearing?

The specific forms depend on what type of hearing you're preparing for, but most probate proceedings in California involve a core set of Judicial Council forms. The most common include:

DE-111 – Petition for Probate (to open the estate)
DE-121 – Order for Probate (the court's approval form)
DE-140 – Letters Testamentary or Letters of Administration
DE-147 – Duties and Liabilities of Personal Representative
DE-150 – Inventory and Appraisal (listing estate assets)
DE-160 – Petition for Final Distribution
DE-165 – Order for Final Distribution

Every form is available for free download from the California Courts website. Your county may also require local forms, so check with your probate clerk's office before filing.

How do I fill out the Petition for Probate (DE-111)?

The DE-111 is usually the first form you'll file. It tells the court who has died, what they left behind, and who wants to manage the estate. Here's how to handle each section:

Top section: Case and court information

Enter the name of the county and the court's address. If you already have a case number from a prior filing, include it. If this is a new filing, leave the case number blank the clerk will assign one.

Item 1: Information about the decedent

Write the full legal name of the person who died. Include the date of death and the city and county where they lived at the time of death. Make sure the name matches exactly what appears on the death certificate. Even a small spelling difference can cause problems.

Item 2: Petitioner information

This is you the person asking the court to open probate. Fill in your full name, mailing address, and phone number. If you have a lawyer, their information goes here instead.

Item 3: Type of petition

Check the box that applies to your situation. Most commonly, you'll check either "Petition for Probate of Will and for Letters Testamentary" (if there's a will) or "Petition for Letters of Administration" (if there's no will). Be honest and accurate selecting the wrong petition type creates delays.

Item 4: Will and codicils

If the decedent left a will, attach the original to the petition. List any codicils (amendments to the will) and their dates. If there's no will, skip this section.

Item 5: Personal representative

State who should be appointed to manage the estate. If there's a will, the person named as executor in the will usually gets priority. If there's no will, California law gives priority to the surviving spouse, then children, then other relatives.

Item 7: Estate assets

Estimate the approximate value of the estate's real property (real estate) and personal property (everything else bank accounts, vehicles, investments, personal belongings). These are estimates at this stage; you'll provide exact figures later in the Inventory and Appraisal. Getting these numbers roughly right matters because the court uses them to set the bond amount and determine fees.

Item 10: Heirs and beneficiaries

List every person or entity who may have a legal right to inherit. For a testate estate (with a will), list the beneficiaries named in the will. For an intestate estate (no will), list heirs under California's intestate succession laws typically the surviving spouse, children, parents, or siblings.

For a deeper look at the full step-by-step process from petition to final order, see our guide on the California probate hearing process step by step for executors.

How do I fill out the Order for Probate (DE-121)?

The DE-121 mirrors the DE-111. The court clerk or judge fills in the final portions, but you prepare the draft. Transfer the key information from your petition the decedent's name, your name as petitioner, the type of appointment, and the estimated estate values. Double-check that everything matches the DE-111 exactly.

The order also addresses whether the personal representative needs to post a bond. If the will waives the bond, note that in the appropriate section. If no will exists, the court may require one.

What do I need to know about the Notice of Petition to Administer Estate (DE-120)?

Before your hearing, California law requires you to notify certain people about the probate petition. The DE-120 is the notice form. You must:

Publish the notice in a local newspaper once a week for three consecutive weeks, with the last publication at least 15 days before the hearing.
Mail the notice to every known heir and beneficiary at least 15 days before the hearing.
Mail the notice to the California Department of Health Services if the decedent received Medi-Cal benefits.

Keep proof of publication (an affidavit from the newspaper) and copies of all mailing receipts. You'll need to file these with the court or bring them to the hearing.

How do I fill out the Duties and Liabilities form (DE-147)?

This form is straightforward. You're acknowledging that as a personal representative, you understand your legal responsibilities. You'll fill in your name, the decedent's name, and sign the form. Don't skip reading it, though. It outlines your fiduciary duties you're legally required to act in the best interest of the estate and its beneficiaries, keep accurate records, and avoid conflicts of interest. If you want a full overview of what to expect once you're appointed, check our article on what to expect at a California probate court hearing as an heir.

How do I prepare the Inventory and Appraisal (DE-150)?

After the court appoints you, you have 90 days (unless an extension is granted) to file a complete inventory of the estate's assets. This form requires:

A detailed list of all real property address, legal description, and appraised value
A detailed list of all personal property bank accounts, stocks, vehicles, jewelry, household items, and their values
Classification of property whether each asset is community property, separate property, or quasi-community property

For real property and certain other assets, you'll need a probate referee a court-appointed appraiser to determine the fair market value. The court assigns the referee after your appointment. For cash and easily valued items like publicly traded stocks, you can list the values yourself.

How do I serve notices and file proof before the hearing?

Serving notice correctly is one step where people slip up. California Probate Code § 8100–8121 outlines the rules. Here's what you need to do:

Mail copies of the filed petition and the notice of hearing to every interested party at least 15 days before the hearing date.
Complete a Proof of Service by Mail (DE-131) for each person notified.
File all Proofs of Service with the court before the hearing.

Common mistakes on service include mailing to outdated addresses, failing to notify a known heir, or miscalculating the 15-day window. These errors are a frequent reason hearings get continued. Our article on common mistakes on California probate court forms that delay hearings covers these pitfalls in detail.

What should I double-check before submitting my forms?

Before you turn anything in, run through this checklist:

Every form has your case number (if assigned) in the top right corner.
The decedent's name is spelled the same way on every form and matches the death certificate.
Valuation figures on the petition match the values you later list in the inventory.
All required attachments are included the original will, death certificate, bond (if required).
Every form that requires your signature is signed and dated.
You've made enough copies: one for the court, one for your records, and one for each interested party.
Filing fees are prepared. As of 2024, the filing fee for a Petition for Probate in most California counties is $435. Fee waivers are available for those who qualify.

Can I fill out these forms without a lawyer?

Yes. Many people handle probate without an attorney, especially for smaller or straightforward estates. The Judicial Council forms are designed for non-lawyers, and most county courthouses have a self-help center that can answer basic questions. That said, self-represented petitioners face a steeper learning curve with courtroom procedures and deadlines. If you're going this route, read our guide on California probate court hearing procedures for self-represented petitioners before your court date.

When hiring a probate attorney makes sense

Consider professional help if the estate involves contested claims, complex assets (like businesses or out-of-state property), tax issues, or family disputes. Attorney fees in California probate are set by statute typically 4% of the first $100,000, 3% of the next $100,000, and so on so the cost is predictable. In many cases, the estate pays the fees, not you personally.

What happens at the hearing after I file?

On your hearing date, you (or your attorney) appear before the probate judge. The judge reviews your petition, checks that proper notice was given, and hears any objections. If everything is in order, the judge signs the Order for Probate and issues Letters Testamentary or Letters of Administration. These letters give you the legal authority to act on behalf of the estate.

If something is missing or incorrect, the judge may "continue" the hearing meaning you'll need to fix the issue and come back. This is exactly why careful form preparation matters so much.

Quick-reference checklist before you file

Download the correct forms from the California Courts website or your county's probate clerk.
Gather documents first death certificate, original will, asset records, names and addresses of all heirs.
Fill out every form completely blank fields invite questions and delays.
Keep names, dates, and values consistent across all forms.
Publish and mail notices on time calculate deadlines backward from your hearing date.
File Proof of Service forms before the hearing, not at the hearing.
Make extra copies of everything before you go to the courthouse.
Arrive early on hearing day with all documents organized in a folder.