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Following documents are required (but not limited to) to start the probate process in California.
- Petition for Probate: DE-111 is the document that is filed to start the probate process. It provides information about the deceased person, the proposed executor or administrator, and details about the estate.
- Death Certificate: A certified copy of the deceased person’s death certificate is usually required to prove the death.
- Will (if available): If the deceased had a will, it must be filed with the petition for probate.
- Bond (if required): In some cases, the court may require the executor or administrator to post a bond to protect the estate from mismanagement usually based on the value of the estate.
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- Inventory and Appraisal: A complete inventory of the deceased person’s assets and their appraised values must be filed with the court.
- Notice of Petition to Administer Estate by filling the form DE-121
- Proof of Service: Documentation showing that the required notices have been properly served.
- Letters Testamentary or Letters of Administration: These are court-issued documents that grant the executor or administrator the legal authority to manage and distribute the estate’s assets.
- Estate Bank Account Information: A separate bank account should be opened for the estate.
- Final Accounting and Report of Distribution: Once the probate process is complete, a final accounting detailing all financial transactions during the process and a report of distribution outlining how the assets were distributed to beneficiaries should be filed.
- Waivers and Consents: If heirs or beneficiaries are willing to waive their rights to notice or consent.
- Creditor Claims
- Receipts and Records: Maintain records of all financial transactions, payments, and receipts related to the estate.
In addition to these documents, you may also need to file other forms or provide additional information depending on the specific circumstances of the estate.
If you are considering starting a probate, it is important to consult with a lawyer. At Law Office of Antoniette Jauregui we have excellent track record, we can help you understand the process.
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