California Petition for Probate--Form DE-111

[@Danny-bd1ch]

I want to thank you for the instructional videos on Probate. I was able to file Probate Pro SE for my Mother, on the death of my Grandmother. She left an estate of 1.5 million, with a witnessed will. Your step by step tutorials saved my family at least $15,000 in fees. Everybody we went to, wanted at least 1%(Document preparer) of the estate for fees. The one lawyer we saw, wanted 2%. All to just push around some paperwork.

[@goddessgaea19]

Here for a Paralegal 20 Probate Procedures Class...Zexter WLA is a Great Professor

[@sculter8]

Thanks so much! Very helpful!

[@AlDavLaw]

So happy you found the video helpful!

[@trishp.8903]

Albertson & Davidson LLP, thank you so very much for this instructional video. The process for completing this form is so precise and clear. Thank you again!

[@AlDavLaw]

You're very welcome!

[@tpatrickfarmer2580]

This was awesome thank you so much 😊

[@AlDavLaw]

So glad you found it helpful!

[@jkaki]

Thank you for all your videos on Probate. They are a great service to the public, including the legal community (I'm a lawyer but a newbie to Probate).

[@AlDavLaw]

Thank you for your kind words. We are happy we could help!

[@jkaki]

@@AlDavLaw If I ever need a probate litigator, you would be my go-to firm!

[@Egalitarian-bt7kz]

EXCELLENT video and very informative and easy to follow along except for intestate answers. Thank you…

[@Bellawhite1]

Thank you Keith for this valuable help explaining all the sections. You are so appreciated in my books.

[@AlDavLaw]

Thank you for your kind words.

[@opoponaxfreetoshus296]

As a brand new attorney being given this kind of agonizing stuff to do when I'm not doing actual lawyer work, I can't thank you enough. I can't wait for it to be a year from now so that I don't have to do this s**t work anymore.

[@AlDavLaw]

We feel your pain. Hang in there and good luck.

[@TheLorraine77]

I need the forms for Indiana that will allow me ( the bennifeciery) to sue the executor of my son's estate. She Never talk to me again.After the paper was signed For her to be the executor of the estate. She Did not report to me where any of the money she said. I'm beneficiary.I'm supposed to get what's left. He had no will. I was just on paperwork as his bennifeciary

[@amandajames417]

This is incredibly helpful! Thank you for all the clear instructions! I also highly recommend following along with the book "How to Probate an Estate in California" from Nolo as they will go more in depth about this process if you're completing this paperwork without the help of an attorney.

[@ye2low]

Thank you for these videos they were extremely helpful

[@AlDavLaw]

Great! Glad you found them helpful.

[@tammyphillips11]

You guys are so awesome! Thanks again for a great video on how to. I just have 2 questions/suggestions. On DE-111 Page 3 # 5, If decedent has a deceased spouse or otherwise, Does California law require you to attach a copy of the decedents' deceased spouse (etc.) death certificate when filing? (Prior lawyer advised to attach to Petition noting "Deceased Spouse". I had not attached it in the past and the judge hasn't stated it. However, every time I go to court it seems a "New" oh, you forgot this item gets mentioned. Now I am making sure to include and ask questions. I don't want this to be the next "new" oh you forgot.... Also, # 6 the word "issue" in the form (No it isn't your form) is not descriptive as to what that is. I know you mention issue would be child or grand-child, however, clarity would be good. In this case decedent has children/grand children (completed section 5) however also has sister listed in the will so item 6 f, should be checked???? Thanks again for being amazingly helpful.

[@joannel.stevens1932]

Thank you for the video. Well explained!

[@AlDavLaw]

You're welcome.

[@semrah4589]

And Thank you so much for a clear and informative video!

[@anabelled1840]

Very imformative...thank you for taking the time to explain things to us.

[@AlDavLaw]

You're welcome. Glad you found it helpful!

[@botronics]

Very informative and I thank you for the videos. When submitting forms, they need to be 2-hole punched or they may be rejected. According to California Rules of court 2.115, the holes must be 2-1/2" separated and 5/8 inch from the top. Most punches are 2-3/4 separated and 9.5 mm from the top. NO one makes a 2-1/2 " punch and where am I to get one?

[@Jazznewt1970]

This is very helpful and well done, thank you.

[@AlDavLaw]

Glad you liked it and found it useful.

[@tjmyers7851]

Thank you, Thank you, Thank you!!!

[@jimwefald3067]

Great video and was very helpful in filling out the DE-111 form. I was hoping to clarify the term "issue" in item #6. It basically means child/children, why not just say that on the form?

[@AlDavLaw]

The term issue does mean child/children, but it also means grandchildren, great, grandchildren and so forth. In most cases, you only need to list the living children. However, if a child died before the person whose probate you are filing, then you would need to list the child's children (that is, the grandchildren). Just depends on the situation.

[@ahui0913]

Thank you for the instructional video. Really helpful. Should I apply probate for letter of administration first , then apply letters of special administration ? Or I can just apply letter of special administration. Thank you.

[@AlDavLaw]

In most counties, you would file the Petition for Probate for Letters of Administration and the Petition for Special Administration at the same time. Check with the county you are dealing with.

[@technician006]

Correct me if I'm mistaken but bond should include value of real property if the personal rep is seeking full IAEA authority.

[@AlDavLaw]

Not usually. The court is not concerned about the value of real property when it comes to the bond because real property cannot be easily stolen like liquid assets. You do have to take into account any rental income, that will be added to the value of the bond. And if an Executor sells real property, then the bond must be increased once the sales proceeds are received.

[@technician006]

@@AlDavLaw Ok thanks

[@technician006]

@@AlDavLaw Probate Code section 8482: (a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of: (1) The estimated value of the personal property. (2) The probable annual gross income of the estate. (3) If independent administration is granted as to real property, the estimated value of the decedent’s interest in the real property.

[@AlDavLaw]

@@technician006 That's correct, all in the court's discretion. In our experience, court's don't usually require it. But every Judge is a bit different.

[@technician006]

@@AlDavLaw I see. Nice videos nonetheless.

[@dennishui1102]

Thank you for the excellent instructional video. My wife just passed away in North Carolina, but our home is in the Santa Clara County in California, where she officially resides. At 3(a) where the form asks the place where the decendent died, should I put the city in California where she is a resident or should I put the city in North Carolina where she passed away?

[@AlDavLaw]

You should put the location of death.

[@MrBitchen17]

Very helpful and surprisingly from the same area 92009

[@AlDavLaw]

We're neighbors! Always nice to help a neighbor out.

[@ahui0913]

Thank you for the instructional video. Questions - can I check for petition for letter of administration and special administration ( due to emergency situation) in the same DE111? Or need to use separate form to apply letter of administration and special administration? What is “ general power “ meaning? Thank you

[@keitha.davidson5675]

You typically would need to fill out two forms. One for the petition and one for the special administration. General powers are those provided under the Probate Code. You can look at the probate section of the probate code for General Powers. It generally allows the personal representative to take more actions without seeking court approval of everything they do beforehand. Check with a lawyer to answer your specific questions.

[@heatherbautista7045]

Thank you for explaining it. Do I have to fill out a probate case cover sheet if I turn it in in person

[@AlDavLaw]

Usually, you must fill that out even when filing in person. But the court in every county is different, so you'll have to check with the court where you are filing your case.

[@ginaberrie2608]

Would it be appropriate for an estate to take over 3 years, and still counting to settle? I was initially told that since this was a trust there were no reporting requirements and no probate laws applied. I'm in Pennsylvania, the will is my uncle in California, I am one of 9 living beneficiaries. Estate is well over one million dollars with several pieces of real estate, along with back taxes, it so I was told after "complaining". I discovered the attorney was wrong in telling me I had no right to any information so I called him on that. He then sent a copy of the will and says it's going to be about another year before it will be settled. I am concerned with all of this. I'm also very concerned that by the time the inheritance is paid out the economy will have devalued the dollar so much that it will be worthless. I think this attorney, who represents the executor of the estate, is up to no good. I've looked up his profile and he is, well less than stellar from what I have found. Very old, perhaps outdated, runs office out of his home. I've worked in fraud for the Commonwealth of Pennsylvania and I have seen the damage attorneys have done, maliciously to people. I'm not sure what to do, I can't go to California, nor do I want to. Any advice on what I should do? Of by the way, this attorney was told three times via email that my Brother and uncle (the decedents brother) both beneficiaries, had passed away. The attorney did send everyone two five thousand dollar checks, personal checks, handwritten, no letterhead, handwritten envelopes as well. He also sent them to my dead uncle. And they were cashed. He was told about the fraud the first time and sent another check anyway. So he threw away ten thousand dollars. He sends me a link stating I can find the confirmed probate petition there, however it's a link for Louisiana, not California. I don't even know what that is, which is why I'm here... I don't know where to go from here.

[@AlDavLaw]

Typically, a Trust should be fully distributed, if that's what the Trust terms require, within a "reasonable" timeframe. For a modest sized Trust estate that should take anywhere from six to eighteen months. Taking over three years sounds excessive. You mention a couple times that there is a Will. You also said the attorney sent you a link to a probate in Louisiana. If there is a Will, that would require probate. Or if there is real property in Louisiana, that could also require probate. In that case, the probate administration could take twelve to twenty-four months, sometimes longer. It just depends on whether this is a Trust, a probate, or a bit of both. In any event, three years is definitely hitting the outside mark of a "reasonable." If the Trustee is in California, then your next step would be to band together with some of the other beneficiaries, hire a California lawyer, and then have the lawyer file in court to (1) obtain all relevant trust information, (2) determine the status of the assets, (3) force a distribution to the beneficiaries, and (4) possibly remove the Trustee. Plus, hiring a attorney let's the Trustee know you are taking this seriously and plan to hold him or her accountable. It's not easy, but going to court is the only way to force the Trustee's hand and make them follow the Trust terms.

[@sofreshsomila]

GREAT VID!! THANKYOU

[@AlDavLaw]

Glad you found it helpful!

[@ashleytinney8160]

Thank you so much !so issues of predescedent child "the question near the end is asking if my dad has any grandchildren right ? My dad is survived by 4 kids , a wife (he hasn't seen in over 40 years ) he also has 3 siblings , who all have kids who have had kids etc ... with what I told you ,what questions would I fill out &check off ? Making sure I did it right .... also where it says personal property, real property value. Etc. Your suppose to come up with an estimated value of everything's worth on or after the day he died right ? A bunch of things were stolen but a good amount were way after the fact .. do I still add all those things up even if there gone now? And what effect will the number I come up with have on this form or on the probate process ? My dad had a will and left his 3 kids both of his properties and whatever he else was left they could split ... so does that mean that his wife will be appointed exector and has priority over me ?

[@72caliman]

What other forms must be submitted along with DE-111 for probate?

[@Brian-bm7ew]

What other documents need to be included along with the DE111 form? Death certificate? Copy of the Trust? Etc.?

[@tammyphillips11]

Thank you for the amazing information on how to do the probate forms and the process. IS Attachment 8 just a blank paper listing everyone or an actual Petition form? I don't want to assume but can not find any such form. Also, is there an supplement to the petition to correct my previous filing that was missing a list of grandchildren? The probate judge has asked us to do a supplement because everyone listed in the will wasn't on the Petition. Mom used a will maker program to do the will and listed everyone of the grandchildren so we now have to do a supplement to the Petition and attachment 8. Thanks again for your amazing videos and the help.

[@AlDavLaw]

Attachment 8 is just a piece of paper you can create and attach to the notice. It does not need to be anything more than a list of people and their addresses.

[@tammyphillips5605]

@@AlDavLaw Thank you so very much. You guys are amazing. The judge also asked for a "Supplement to the petition" Do you think it's just attachment 8 she requested or resubmit the original petition with the verbage on top of page that states it is a "supplement"? I will draw them both up just in case. Covering all aspects. But if you get a chance to respond I'd appreciate it.

[@AlDavLaw]

@@tammyphillips5605 supplement is just a separate court filing. We usually use pleading paper, put the caption for your case at the top, and then type in what supplemental information you need.

[@MonicaParedes1]

I'm still confused when it comes to bond when filing intestate and only thing included in the estate is just a home (not liquid)

[@veronika8287]

Very helpful video Thank you! Does anyone know where I would file probate if my grandmother who lived & owned a house in South Carolina & my mother, an only child, passed 5 months later but lived in l.a. calif. ? ?? Would it be in south carolina or los angeles?

[@MegaCyberleader]

its hard to find these videos, I was looking at bond waivers for conservitor that is ALSO an HIER but if i learned anything I have to do BOTH paperowrks

[@nicolebarrow1447]

Hi. Where on the will, I need to attach, do I write Attachment 3g(1)(c)??? Amazing Video!!!!

[@nicholascamarena9440]

Very helpful, thank you

[@AlDavLaw]

You're welcome. Glad it helped you.

[@julianmenjivar8675]

Thank you for this very useful, and clear information. Quick question: I'm attempting to file probate in San Francisco Court, however, their website is not clear as to the proper submission process of my documents (e.g. how many copies, which documents must be original, etc.). Do you know of a reliable and clearer resource that specifies submission requirements?

[@AlDavLaw]

Great question. Every county in California has a different set of requirements and they all are hard to find. The best source for any court is the court clerk. You take multiple copies to the filing window and see what they accept.

[@julianmenjivar8675]

@@AlDavLaw Thank you very much! :D

[@aclegacy7]

Very useful material I learned a lot. But I have a question my client has a will, declaration of a trust and POA etc.. she is the executor of a will but she wasn't related at all to the decedent neither the her kids but the decedent leave everything to the kids. How will the DE-111 part 5 and 6 should be fill out? And Declaration of the Trust is the same as a Living Trust? Thank you in advance.

[@cindysassenrath9310]

Great video. Not clear to me if the original will is lost, but I have a copy, should I check box 2A or not. I have gotten many rejections from the clerk with very vague reason of that the Petition, Notice, and Proposed Order are not in conformance with one another and it remains unclear as to what type of petition, the petitioner is seeking to start. I have a copy of the will but not the original. I have attached the copy of the will to the DE-111 and the court has told me they won't lodge it. The will is 24 years old. When would the court want to see that for consideration? The heirs have no conflicts.

[@AlDavLaw]

Only an original Will can be lodged with the court. A copy will not be accepted. Also, a copy is considered a "lost" Will if you do not have the original. Of course, you have evidence of what the Will contained with the copy, but you technically have a lost Will. You still check box 2A because you want the copy of the Will admitted to probate as the Will, but it will be processed as a "lost" Will and you need to check the Lost Will box at the top of the form.

[@TeleVirtual]

Hi Thank you for your videos, I have a question my ex-partner died in 2022 he made a will in my favor, however, he never probate the will his predecessor gave to him; now I am in trouble because of how I probate my will if the property is still on my ex-partner predecessor name? thank you for yous answer

[@laurazessi1852]

What if the second estate of a two part trust answers #7 incorrect and the spouse did within 5years with assets over 10k?? Looking to obtain accounting on 1st death as no division of assets like trust instrument calls for. Please help with advice as 11 deeds on home now only 1 and my dad had corporations and construction businesses and I believe a Mortgage company

[@mkptrsn]

Thank you. What boxes would be checked in Section 3 if the Decedent died out-of-state on vacation, but resided in the county where the petition is being filed?

[@AlDavLaw]

You would probably want to check box number 1. The fact that someone is on vacation does not matter the question is where did they reside on a regular basis (in other words, where did they live when NOT on vacation).

[@marylopez6671]

I actually have a question, is there a certain order that these files need to be in order to be filed correctly?

[@TraceyM825]

I have a quick question, please! I filled this out several moths ago but never turned it in. Is it okay to scratch out the date and put todays date instead? Thanks so much for this extremely informative video!

[@AlDavLaw]

that should work if you initial the change. It really depends on the clerk of the court where you are filing. I would give it a try and see if it works.

[@TraceyM825]

@@AlDavLaw Thank you for your fast reply!!

[@rantym35]

I am not a descendant just one who has a right over the property shoudl I open a probate case?

[@AlDavLaw]

You may need to do so depending on what your right is based on. You should discuss your issues with a lawyer ASAP. There are deadlines for certain rights relating to a decedent and their estate.

[@Danny-bd1ch]

Do not know why the triple post.

[@jackiebecerra3249]

does anyone know where I can find how to fill out a probate PR010 cover sheet for california

[@cuteepcakee7675]

If the check paid for the decedent estate only valid for 90days should I request a letter of special administration?

[@AlDavLaw]

Sounds like that would be a good idea.

[@sofreshsomila]

Hi again! sadly I missed the cutoff time with placing a legal ad, do you have a vid to request a continuance of hearing date?

[@AlDavLaw]

We do not. Every County is different. Most of the time you can either appear in court to request a continuance or email the probate attorney at the court. But beware that every County is different so sometimes its not so easy to find the probate attorney's email address.

[@blackjack444....]

@@AlDavLaw I need help witch form do I file if the trustee will not distribute the property in the trust??

[@keitha.davidson5675]

@@blackjack444.... Unfortunately, there is no form for that. You have to file a Trust petition, which is essentially a lawsuit. You should consult an attorney for help.

[@semrah4589]

This is a super basic question but I need to file the DE-111 and I use a P.O. Box exclusively. I don't have mail delivery at my home street address. Is that allowed on the top header part of the form where it asks Name, Street Address, City, etc? Thank you so much!

[@AlDavLaw]

Yes that is allowed. Most courts won't have a problem with that.

[@semrah4589]

Thank you so much for the quick reply, really appreciated!

[@pammccall7039]

What does page 3 of DE.111 #7. Mean? (Complete only if no spouse or issue survived decedent)???? Issue?

[@AlDavLaw]

Issue means children or grandchildren of the decedent. Why don't they just say children or grandchildren? They should, but the legal term is "issue."

[@jacquelineverdugo]

hello. what if both of parents passed away a few weeks apart? neither of them had a will, and neither of them had any beneficiaries on their accounts. do I need to file probate for them individually? or can I file a joint probate?

[@AlDavLaw]

There is no such thing as a joint probate in California. Each person has his or her own probate. BUT, you may be able to file a Spousal Property Petition for one parent, and then a probate for the other. You should consult a lawyer to walk you through how to do this.

[@RP-jn4qu]

What happens if the spouse survived but they were divorced

[@AlDavLaw]

Under California Probate law a divorce will severe a former spouses right to inherit or act as executor/trustee unless a person updates their will to include their former spouse after the divorce. You should definitely consult with a lawyer if you want further information on your case.

[@kylevoeltz3230]

What if the deceased property is less than $100,00?

[@AlDavLaw]

You can transfer small estates using a 13200 affidavit. Most financial institutions will have a form they use for this purpose. Just ask the bank or brokerage firm for the small estate form.

[@cynthiag.madrid305]

Hi - Is a prenup agreement with an existing spouse considered a codicil?

[@keitha.davidson5675]

Generally no, a prenup is not the same thing as a codicil to a Will. Prenuptial agreements and Trusts/Wills are complex issues. You definitely should consult a lawyer for anything dealing with these issues.

[@sarahmcdonald3110]

When I went to file the de111 in Alameda county the clerk told me that was not the correct form and handed me an example paper on how to write out the petition and that is to include every detail of whay happened etc. and then gave me a de 120 which ended up being filed with my written petition. My grandma had a trust which i'm not going against the trust. I am taking my cousin to probate for stealing from grandma and then when she passed wouldnt give me any documents regarding accounts, etc. and has been spending all the $ like its his. Can anyone respond and let me know if this spunds correct or if I was mislead by the court clerk. How long do you have to put the petition in local newspaper once the doc. has been filed?

[@AlDavLaw]

The clerk was correct. DE-111 is only used to open a probate estate. When you are suing for other actions, like the ones you are describing, you have to file your own petition. Those are not pre printed forms. You have to draft them yourself. Of course, we always recommend talking with a lawyer about your specific problem.

[@sarahmcdonald3110]

Thank you so much for answering my question so promptly. This has been a long drawn out battle, trying to give people benefit of the doubt & to prove that the documents showing there was enbezzlement and Insurance fraud to be untrue! A misunderstanding! I don't think anyone wants ro believe their own family would treat an elderly person with disrespect, and take advantage of her and now continue to try the same stuff with me. Or just ignore me! But they dug their own grave and should have came forward to make things right when they had the chance because now I have a lot of documents to show everything I have said and done has been the truth and are acts that follow the trust, while they continue to spend $ that is not theirs. I do have another consultation scheduled for Monday, but I started doing everything on my own after getting railroaded by 2 different attorneys. Wasting $6,000 on the wrong type of attorney. You would think instead of acting like they can accomplish what you expectations are for the situation they would instead direct me to a more qualified litigation trust or probate attorney. It has been a bit of journey of me doing everything and my cousin doing nothing but making things more difficult. I even had to leave my life in Santa Barbara, CA to move to Manteca, CA to take care of the trust. Sorry for explaining so much. I am just blown away by people and their actions and its difficult to achieve a win when you feel like nobody can be trusted! And been all alone to handle this in a town where I know nobody. It does pur a lot of extra stress and because of your time and helping people who have know idea what their doing (like me), has been tremendously helpful and almost a breath of fresh air after so much worry about the future court case and have I done everything correctly, so thank you very much. You probably don't even realize how much you have helped me and I'm sure tons of other people! I do have 2 more questions. Should the petition be served by a professional processed server? Or is having someone else take to post office and send it certified mail sufficient enough? And how long after I file the petition do I have to make an announcement in the public paper of the court date for this matter? What is the document that I should file to have accounting done?

[@AlDavLaw]

@@sarahmcdonald3110 Thank you for your kinds words. Sorry to hear about your case. It is shocking to see what people do to each other. In probate matters, typically mail service is sufficient, but there are exceptions. At times, personal service is required. It depends on the underlying claims you are making. In most matters where you are filing for issues involving a Trust, you do not need to publish notice in the paper. That is only for probate estates. Accountings can be requested by including a demand in your petition that you draft asking the court to order the responsible person to account. Hope this helps. Unfortunately, there are many complications in Trust and probate lawsuits, so you really need to find a qualified attorney to help you and to answer your specific questions.

[@odetteh.]

How can I find this DE-111 pdf in Spanish? Thanks

[@Suze147]

I only need to file because my deceased husband forgot to add me to his money mkt. account.Is this still the form I need to accomplish that? Your video helped a lot.

[@AlDavLaw]

You may be able to use the spousal property petition rather than doing a full probate. Check out our videos on the spousal property petition here: kzbin.info/www/bejne/nZmmk3SmiKebfrs

[@Suze147]

Thank you

[@Danny-bd1ch]

I want to thank you for the instructional videos on Probate. I was able to file Probate Pro SE for my Mother, on the death of my Grandmother. She left an estate of 1.5 million, with a witnessed will. Your step by step tutorials saved my family at least $15,000 in fees. Everybody we went to, wanted at least 1%(Document preparer) of the estate for fees. The one lawyer we saw, wanted 2%. All to just push around some paperwork.

[@AlDavLaw]

Glad you found it useful. Probate is more complicated than it should be, but with some patience you can do a straightforward probate on your own. Well done!

[@Danny-bd1ch]

Do not know why the triple post.

[@AlDavLaw]

No we don't.