Every California probate requires a host of forms to start, administer, and complete successfully.  In lawyer talk, these forms are for “decedent’s estates,” which also means probate estates.  Anytime any assets pass through probate, these are some of the forms that are used to navigate the probate process (these are the most commonly used California probate forms, but not an exhaustive list…because that would be exhaustive to prepare). 

Petition for Probate     Form DE-111

Notice of Petition to Administer Estate    Form DE-121

Proof of Subscribing Witness    Form DE-131

Proof of Holographic Instrument     Form DE-135
(this is for handwritten Wills)

Order for Probate     Form DE-140

Duties and Liabilities of Personal Representatives     Form DE-147

Confidential Supplement to Duties and Liabilities    Form DE-147S

Letters (Testamentary or “of Administration”)     Form DE-150

Request for Special Notice     Form DE-154

Notice to Creditors     Form DE-157

Inventory and Appraisal     Form DE-160
    Inventory and Appraisal Attachment     Form DE-161

Creditor’s Claim     Form DE-172

Allowance or Rejection of Creditor’s Claim     Form DE-174

Spousal Property Petition     Form DE-221

Spousal Property Order     Form DE-226

Report of Sale and Petition for Order Confirming Sale of Real Property     Form DE-260

Order Confirming Sale of Real Property     Form DE-265

Affidavit Re: Real Property of Small Value     Form DE-305

Petition to Determine Succession to Real Property (Estates of $100,000 or less)   Form DE-310

Order Determining Succession to Real Property     Form DE-315

These forms are provided for informational purposes only.  We are not intending to provide legal advice by posting them on our blog, but we hope you find them useful all the same.  Also consult with a California attorney with knoweldge of probate before filing any forms with the Court.

  • M Wilson

    Where is the form- Affidavit Showing Right to Receive Money Under Section 13100 of the California Probate Code?

  • Lloyd Smothers

    If the administrator/executor refuses to open a probate what can be done by a creditor to open a probate?

  • A creditor can open probate as an interested party. The creditor just prepares and files a Petition for Probate like any other interested person.

  • Wendy Latimore

    I thought probate was not required if there was no property at all and the person died intestate. Is this incorrect? The decedent has bills coming in, but does not have any property at all except family photos.

  • That is correct. If there is no property left in the decedent’s name, then no probate is required. A creditor could still try to open a probate to investigate whether there are any assets around, but that rarely happens.

  • Thera Potter

    I would like to know what forms to file in order for probate. My mother didnt have a will and now Im forced to file probate all by myself. I would greatly appreciate it. Thank you

  • The main document you need is the Petition for Probate, Form DE-111. There are a few others as well, such as the Notice to Administer the Estate, Form DE-121. Those should get you started. Good luck.

  • Many thanks;
    I am going through so much now with the evil step sister & her husband refusing to hand over my Dad’s things.Seaching endlessly for an answer when you’re on a fixed income & can’t aford a lawyer this site has truely helped me Thanks!