How Do You Start Probate in California? Filing the Petition for Probate

Formal probate in California usually begins when someone files a Petition for Probate with the Superior Court.

The primary Judicial Council form is:

Form DE-111 — Petition for Probate

Filing the petition asks the court to open an estate administration and, in most cases, appoint someone to serve as the personal representative.

That person may ultimately serve as:

• Executor
• Administrator
• Administrator with Will Annexed

Filing DE-111 is only the beginning.

Before the first probate hearing, several additional steps usually need to happen, including:

• Determining the correct county
• Locating and depositing the original will, when one exists
• Identifying heirs and beneficiaries
• Requesting appointment of a personal representative
• Requesting Full or Limited Independent Administration Authority when appropriate
• Receiving a hearing date
• Giving formal notice to interested persons
• Publishing notice in a qualifying newspaper
• Filing proofs of notice and publication
• Correcting any probate examiner deficiencies before the hearing

Understanding these early steps can prevent unnecessary delays later.

Quick Answer: How Do You Start Probate in California?

Formal probate generally starts by filing Form DE-111, Petition for Probate, with the California Superior Court in the proper county.

The petitioner asks the court to:

• Open the probate estate
• Admit the will to probate, when applicable
• Appoint a personal representative
• Issue Letters so the personal representative's appointment becomes effective
• Grant Independent Administration Authority when requested and approved

After filing, the court assigns a case number and hearing date.

The petitioner must then complete required notice and publication before the hearing.

Step 1: Determine Whether Formal Probate Is Actually Necessary

Before filing DE-111, determine whether the estate actually requires formal probate.

Not every California estate goes through the full probate court process.

Property may pass outside formal probate through mechanisms such as:

• Living trust
• Joint tenancy
• Community property with right of survivorship
• Transfer-on-death deed
• Beneficiary designation
• Payable-on-death account
• Small-estate procedures
• Spousal property procedures
• Other legally recognized transfers

Formal probate becomes more likely when substantial assets remain titled solely in the decedent's name without an effective non-probate transfer method.

For a broader explanation, see: Does Every Estate Have to Go Through Probate in California?

Also see: Probate vs. Trust Administration in California

Step 2: Determine the Correct California County

California Courts instructs that formal probate generally should be filed in the county where the person who died was living.

The deceased person is referred to in probate as the decedent.

For example:

• Decedent lived in Sacramento → probate generally filed in Sacramento County Superior Court
• Decedent lived in Roseville → probate generally filed in Placer County Superior Court
• Decedent lived in Placerville → probate generally filed in El Dorado County Superior Court

A different rule can apply when the decedent was not a California resident but owned property in California.

In that situation, probate may be filed in the California county where qualifying property is located.

Determining the correct county matters because filing in the wrong county can create delay and additional expense.

What If the Person Died in a Different County?

The place of death does not necessarily determine where probate is filed.

For example:

A person may have lived in Placer County but died while receiving medical care in Sacramento County.

The decedent's legal residence or domicile, rather than the hospital location, generally controls the county for probate administration.

The probate attorney can evaluate uncertain residency or domicile issues.

Step 3: Locate the Original Will

If the decedent left a will, locating the original document should happen early.

California Probate Code section 8200 requires the custodian of a will, unless a probate petition involving that will has already been filed, to act within 30 days after learning of the testator's death.

The custodian generally must:

1. Deliver the original will to the clerk of the Superior Court in the county where the estate may be administered, and
2. Deliver a copy to the person named as executor when that person's whereabouts are known, or otherwise to a known beneficiary as provided by law.

The original will is important.

A photocopy does not automatically substitute for an original will when the original should exist.

Does the Will Get Attached to Form DE-111?

California Probate Code section 8002 requires a photographic copy of the will to be attached to the Petition for Probate when the decedent left a will.

If material portions of the will are handwritten, additional requirements can apply.

The original will also needs to be properly delivered or lodged with the court.

Families should preserve original estate-planning documents rather than writing on, stapling, altering, or discarding them.

What If No Will Can Be Found?

A person can die intestate, meaning without a valid will controlling the probate estate.

Formal probate can still proceed.

Instead of asking the court to appoint an executor under a will, the petitioner may ask the court to appoint an administrator.

California's intestate succession laws then help determine who inherits probate property.

For more information, see: Dying Without a Will in California: What Happens to the Estate?

Step 4: Identify the Heirs and Devisees

Form DE-111 requires significant information about the people who may have an interest in the estate.

California Probate Code section 8002 requires the petition to identify, so far as known or reasonably ascertainable:

• Heirs
• Devisees
• Their ages
• Their addresses
• Their relationship to the decedent

This step is important even when a will exists.

Why?

Because California probate notice rules may require notice to both people named in the will and persons who would qualify as heirs under California law.

Incomplete family information can cause the court to request additional information or continue the hearing.

What Is an Heir?

An heir is generally someone who would inherit under California intestate succession law.

Examples can include, depending on the family circumstances:

• Surviving spouse
• Children
• Grandchildren
• Parents
• Siblings
• More distant relatives

What Is a Devisee?

A devisee is a person designated in a will to receive property.

Someone can potentially be both an heir and a devisee.

For a deeper explanation, see: What Rights Do Heirs and Beneficiaries Have in California Probate?

Step 5: Estimate the Estate Property

Form DE-111 asks for the character and estimated value of estate property.

At this early stage, the petitioner may not yet have the final Inventory and Appraisal.

The petition still needs reasonable estimates.

Estate property may include:

• Real estate
• Bank accounts
• Investment accounts
• Vehicles
• Business interests
• Personal property
• Claims or money owed to the decedent
• Other probate assets

Property passing outside probate generally should be distinguished from property actually subject to probate administration.

A more formal Inventory and Appraisal comes later in the court process.

Real Estate Can Be the Largest Probate Asset

For many California families, the home represents most of the probate estate.

Early information may include:

• Property address
• Approximate market value
• Mortgage balance
• Ownership shown on the deed
• Property condition
• Occupancy
• Insurance
• Property taxes

The final probate appraisal process comes later.

For more information about real estate valuation, see: How Is a Probate House Valued in California?

Step 6: Decide Who Will Ask to Be Appointed

The Petition for Probate identifies the person asking the court for appointment as personal representative.

Depending on the estate, that person may seek appointment as:

Executor

An executor is generally a person named in a will to administer the estate and later appointed by the probate court.

Administrator

An administrator generally serves when no controlling will names an executor who will serve.

Administrator With Will Annexed

This designation can apply when a will exists but no named executor is available or able to serve and another person is appointed to administer the estate.

The court determines who receives the appointment.

Being Named Executor Does Not Yet Give Authority

This point is extremely important.

Someone named as executor in a will does not automatically have authority to administer the probate estate immediately after death.

California Probate Code section 8400 provides that a person has no power to administer the estate until appointed personal representative and the appointment becomes effective.

The appointment generally becomes effective when Letters are issued.

Before that point, the nominated executor's authority is limited, although California law permits certain necessary actions involving funeral expenses and preservation of the estate.

We will address Letters in detail in a separate Probate Court Process article.

Step 7: Decide Whether to Request Independent Administration Authority

Form DE-111 allows the petitioner to request authority under California's Independent Administration of Estates Act, often abbreviated as IAEA.

California Probate Code section 10450 allows a request for:

• Full Authority, or
• Limited Authority

Independent Administration Authority can allow the personal representative to take many estate actions without obtaining a separate court order each time.

Important notice requirements still apply to certain transactions.

This distinction becomes especially important when probate real estate needs to be sold.

For a detailed explanation, see: Selling a Probate House With Full vs. Limited Authority in California

Does Requesting Full Authority Mean the Court Will Automatically Grant Full Authority?

No.

DE-111 allows the petitioner to request authority.

The court ultimately determines what authority will be granted.

Interested persons can also have objection rights.

The resulting Order for Probate and Letters should be reviewed to determine the authority actually granted.

Step 8: Address the Bond Question

A probate bond may be required in some estates.

A bond is designed to help protect the estate against certain losses involving the personal representative.

Whether bond is required can depend on factors such as:

• The will
• Beneficiary waivers
• Estate circumstances
• Court requirements
• Whether blocked accounts are used

Form DE-111 includes sections addressing bond.

The petitioner should not assume that bond will automatically be waived merely because family members agree.

The court determines the bond requirement under applicable law.

Step 9: File the Petition With the Superior Court

Once the paperwork is ready, the petitioner files the probate documents with the proper Superior Court.

The main document is:

DE-111 — Petition for Probate

Depending on the case and local requirements, the initial probate filing package commonly can involve documents such as:

• DE-111 — Petition for Probate
• DE-121 — Notice of Petition to Administer Estate
• DE-147 — Duties and Liabilities of Personal Representative
• DE-147S — Confidential Supplement to Duties and Liabilities
• DE-140 — proposed Order for Probate
• DE-150 — Letters
• Original will, when applicable
• Copy of the will attached to DE-111
• Bond waivers when applicable
• Additional local court forms or documents

Not every estate requires exactly the same paperwork.

Local Superior Courts can have additional filing requirements.

What Happens When DE-111 Is Filed?

California Courts explains that after the probate case is filed, the clerk assigns the case information and hearing.

The case then has:

• A probate case number
• Hearing date
• Hearing time
• Probate department or courtroom

That hearing becomes the first major court event.

Before the hearing, required notice and publication must be completed.

Does Filing DE-111 Make the Petitioner the Executor?

No.

Filing the petition means someone has asked the court for appointment.

Court appointment comes later.

Even a person named executor in the will does not yet have full authority to administer the estate merely because DE-111 has been filed.

The court must act on the petition, and Letters must issue before the appointment becomes effective.

Step 10: Prepare Form DE-121 — Notice of Petition to Administer Estate

After the petition is filed and a hearing date is known, formal notice becomes critical.

The primary form is:

DE-121 — Notice of Petition to Administer Estate

DE-121 tells interested persons:

• A Petition for Probate has been filed
• Who filed the petition
• Who is requesting appointment
• Whether a will is being offered for probate
• Whether Independent Administration Authority is requested
• Date of the hearing
• Time of the hearing
• Court location
• How someone can object

Notice gives interested persons an opportunity to participate before the court makes the appointment.

Who Must Receive Notice?

California Probate Code section 8110 generally requires notice at least 15 days before the hearing to specified persons, including:

• Each known or reasonably ascertainable heir
• Each devisee named in a will being offered for probate
• Each executor named in a will being offered for probate
• Each alternate executor named in such a will

Other notice requirements may also apply depending on the estate.

Correctly identifying the family and will beneficiaries on DE-111 therefore matters.

Can the Petitioner Mail DE-121 Personally?

California Courts instructs that the petitioner should not personally perform the required mailing.

Another adult who is not a party to the case generally mails the notice.

The proof of service section documents:

• Who was served
• Address used
• Date mailed
• Place of mailing

Form DE-121(MA) can provide additional space when many persons must be listed.

Step 11: Publish the Probate Notice

Mailing notice to known interested persons is not the only notice requirement.

California Probate Code sections 8120 and 8121 generally require publication of the probate notice before the hearing.

Publication serves broader public notice of the proceeding.

How Many Times Is the Probate Notice Published?

California Probate Code section 8121 provides that:

• The first publication must be at least 15 days before the hearing
• Three publications are sufficient when published in a newspaper that publishes once a week or more often
• At least five days must intervene between the first and last publication dates, excluding the publication dates themselves

The newspaper also must satisfy the applicable geographic and general-circulation requirements.

Because publication schedules vary, arranging publication promptly after receiving the hearing date is important.

Where Is the Notice Published?

The applicable newspaper generally depends on where the decedent lived.

Probate Code section 8121 contains specific rules concerning publication in a newspaper of general circulation in the city or area connected to the decedent's residence.

When jurisdiction exists because a nonresident decedent owned California property, the property's location can become relevant.

Each county may have newspapers that regularly handle probate legal notices.

The probate attorney or court's local resources can help identify appropriate publication options.

Who Pays the Newspaper?

The newspaper normally charges a publication fee.

California Courts explains that many probate costs initially must be paid upfront and may later be reimbursed from estate funds as appropriate administration expenses.

The person advancing the publication cost should keep the invoice and proof of payment.

Step 12: Make Sure Proof of Publication Is Filed

After publication, the newspaper generally prepares proof showing that the notice was published.

The court needs evidence that the statutory publication requirement was satisfied.

Failure to have proper proof of publication can result in the probate hearing being delayed.

The same concern applies when proof of mailed notice has not been properly completed or filed.

Step 13: Review Probate Examiner Notes Before the Hearing

Many California probate courts review petitions before the scheduled hearing.

A probate examiner may identify problems or missing information.

Common problems can include:

• Missing heir information
• Incorrect addresses
• Missing copy of the will
• Original will not deposited
• Missing proof of mailed notice
• Missing proof of publication
• Incomplete DE-111 sections
• Bond issues
• Missing DE-147 documents
• Problems with proposed Order for Probate
• Problems with proposed Letters
• Questions concerning priority for appointment
• Questions concerning Full or Limited Authority

When a deficiency can be corrected before the hearing, doing so may prevent a continuance.

Local procedures differ, so the petitioner or attorney should check the specific court's probate procedures.

Why Probate Petitions Get Continued

A probate hearing does not automatically result in appointment.

The court may continue the hearing when necessary information or notice is missing.

Examples can include:

• Incomplete petition
• Improper notice
• Improper publication
• Missing will
• Questions about heirs
• Competing petitions
• Objections
• Bond issues
• Questions about the proposed representative
• Missing supplemental information

Careful preparation at the beginning can save weeks or months later.

What If Someone Objects to the Petition?

DE-121 explains that interested persons who oppose the petition can appear at the hearing or submit objections under applicable procedures.

An objection might involve:

• Who should serve as personal representative
• Whether a will is valid
• Whether a different will controls
• Whether bond should be required
• Whether Independent Administration Authority should be granted
• Other issues concerning the petition

A contested probate can become significantly more complex.

Someone involved in a serious probate objection should consider independent legal representation.

Do You Need a Probate Attorney to File DE-111?

California does not require every petitioner to hire an attorney merely to open a probate case.

California Courts provides self-help information for people representing themselves.

However, formal probate can involve:

• Court filing requirements
• Notice deadlines
• Publication
• Creditor claims
• Taxes
• Fiduciary duties
• Accounting
• Real estate
• Beneficiary disputes
• Final distribution

Many personal representatives choose to work with a California probate attorney because mistakes can delay administration or create personal liability concerns.

What Does a Probate Attorney Do at the Beginning?

Depending on the representation, the attorney can help with matters such as:

• Determining whether formal probate is needed
• Choosing the correct county
• Preparing DE-111
• Reviewing the will
• Identifying heirs and beneficiaries
• Determining appointment priority
• Requesting IAEA authority
• Addressing bond
• Preparing notice
• Arranging publication
• Reviewing probate examiner notes
• Responding to objections
• Preparing for the first hearing

The attorney handles the legal process.

A probate real estate professional handles property-related questions when estate real property is involved.

Should the Family Contact a Real Estate Professional Before the First Hearing?

Sometimes that can be useful, particularly when the probate estate contains a house that needs immediate attention.

Even before a sale is authorized, useful real estate information can include:

• Current estimated market value
• Property condition
• Occupancy
• Insurance concerns
• Mortgage status
• Utilities
• Property taxes
• Security
• Deferred maintenance
• Probable carrying costs

However, the person nominated as executor should understand that filing the petition does not yet create full authority to list or sell estate property.

The probate attorney should confirm legal authority before a transaction begins.

What If the Property Needs Immediate Protection?

California law recognizes that estate property sometimes needs attention before the regular appointment becomes effective.

Examples might include:

• Securing a vacant home
• Preventing water damage
• Maintaining insurance
• Protecting valuable personal property
• Addressing an emergency condition

The nominated executor has limited statutory ability to take necessary measures to preserve the estate before appointment.

More substantial administration decisions should be coordinated with probate counsel.

In emergencies, a petition for special administration may sometimes be considered.

What Is Special Administration?

Form DE-111 can also be used to request Letters of Special Administration.

A special administrator can sometimes be appointed when estate action is necessary before a regular personal representative can complete the normal appointment process.

Possible circumstances can include urgent needs involving:

• Property protection
• Business operations
• Pending transactions
• Other time-sensitive estate matters

Special administration is a legal procedure and should be discussed with a probate attorney.

How Long After Filing Is the First Hearing?

Hearing schedules vary by county and court workload.

The court assigns the date after filing.

Families should avoid assuming that filing DE-111 means someone will be appointed within a few days.

Before the hearing can proceed, notice and publication requirements also must be completed.

For a broader look at probate timing, see: Important Probate Timelines in California: What Families Need to Know

What Happens at the First Probate Hearing?

The judge reviews the petition and the required procedural matters.

Depending on the case, the court may consider:

• Jurisdiction
• Will
• Notice
• Publication
• Proposed personal representative
• Bond
• Objections
• Independent Administration Authority
• Other issues raised by the petition

If the court is satisfied, the judge may grant the petition and appoint the personal representative.

That process will be covered in detail in the next article: What Happens at the First Probate Hearing in California?

What Happens After the Judge Appoints the Personal Representative?

Appointment alone still needs to become effective.

California Probate Code section 8400 states that appointment becomes effective when Letters issue.

Letters are important because third parties may request certified Letters as evidence of the representative's authority.

Examples can include:

• Banks
• Title companies
• Escrow companies
• Insurance companies
• Financial institutions
• Other parties dealing with estate property

A later Probate Court Process article will explain: What Are Letters Testamentary and Letters of Administration in California?

The Beginning of Probate: Simple Process Overview

A typical formal probate opening can be viewed in this order:

1. Determine whether formal probate is necessary

Review ownership, trusts, beneficiary designations, and available simplified procedures.

2. Determine the proper county

Usually the California county where the decedent lived.

3. Locate and deposit the original will

Complete applicable will-custodian requirements.

4. Prepare DE-111

Identify heirs, devisees, assets, proposed representative, bond information, and requested authority.

5. File the probate petition

The court opens the case and assigns a hearing.

6. Prepare and mail DE-121 notice

Give required notice to interested persons.

7. Publish the notice

Arrange statutory newspaper publication.

8. File proof of notice and publication

Confirm that the court record shows compliance.

9. Review probate examiner issues

Correct deficiencies before the hearing when possible.

10. Attend the first probate hearing

The court considers appointment and requested authority.

11. Obtain Order for Probate and Letters

The personal representative's appointment becomes effective when Letters issue.

Frank's Real Estate Perspective

For families with real estate, the period between a death and the first probate hearing can feel frustrating.

A family may already have:

• A vacant house
• Mortgage payments
• Property taxes
• Insurance
• Utilities
• Landscaping
• Personal belongings
• Deferred maintenance

Meanwhile, the person named as executor may think:

"I am the executor, so I can start selling the house."

That assumption can create problems.

Being named in the will and being formally authorized by the probate court are different.

My preferred approach is to use the opening phase to gather property information while the probate attorney handles the court appointment.

Useful early work can include:

1. Confirm how title is held
2. Check whether the property actually belongs in probate
3. Determine occupancy
4. Protect the property
5. Confirm insurance coverage
6. Identify mortgage obligations
7. Estimate current market value
8. Identify major condition issues
9. Estimate monthly carrying costs
10. Discuss likely real estate strategy with the attorney and representative

That preparation can help the personal representative move efficiently once legal authority is in place.

A Practical Example

Assume a widowed parent dies while owning a Sacramento home in that parent's name alone.

The estate plan contains a will naming an adult daughter as executor.

The will leaves the estate equally to three adult children.

The daughter does not automatically become the acting executor on the date of death.

The opening process may include:

1. Locate the original will
2. Deliver or file the will as required
3. Prepare DE-111
4. List all three children as appropriate heirs or devisees
5. Estimate the home and other probate assets
6. Request appointment of the daughter as executor
7. Request appropriate IAEA authority
8. File the petition in Sacramento County Superior Court
9. Receive the probate hearing date
10. Mail DE-121 notice through a qualified adult who is not a party
11. Publish the notice as required
12. File proofs of service and publication
13. Address any probate examiner deficiencies
14. Attend the hearing
15. Obtain the court's appointment
16. Complete qualification so Letters can issue

Only after the appointment becomes effective should the daughter assume the full authority granted by the court.

Common Mistakes When Starting Probate

Assuming the will avoids probate

A will tells the court how property should generally be administered and distributed.

A will does not automatically keep property out of probate.

Assuming the nominated executor already has full authority

Court appointment and issuance of Letters are generally required.

Filing in the wrong county

Probate venue usually follows the decedent's domicile rather than the location of death.

Failing to locate the original will

The original document can be critical.

Leaving heirs off the petition

Known or reasonably ascertainable heirs need to be properly identified.

Forgetting publication

Mailing DE-121 does not replace the separate publication requirement.

Publishing too late

The statutory publication schedule must be completed in relation to the hearing date.

Allowing the petitioner to mail their own required notice

California Courts instructs that another adult who is not a party generally handles the mailing.

Assuming Full Authority was granted because Full Authority was requested

Review the actual court order and Letters.

Trying to sell estate property too early

The nominated executor should confirm legal authority with probate counsel before signing estate real estate documents.

Probate Opening Checklist

Before the first hearing, consider confirming:

• Formal probate is required
• Correct county identified
• Original will located
• Original will delivered or lodged appropriately
• Will copy attached to DE-111
• Heirs identified
• Devisees identified
• Addresses verified
• Estate assets estimated
• Proposed personal representative identified
• IAEA authority requested when appropriate
• Bond issue addressed
• DE-111 filed
• Case number received
• Hearing date received
• DE-121 completed
• Required notices mailed
• Proof of service completed
• Newspaper publication arranged
• Publication completed on time
• Proof of publication filed
• Probate examiner notes reviewed
• Deficiencies corrected when possible
• Attorney questions resolved before hearing

Frequently Asked Questions

What form starts probate in California?

Formal probate generally begins with Form DE-111, Petition for Probate.

Where do you file probate in California?

Probate is generally filed in the Superior Court of the county where the decedent was domiciled at death. Different rules can apply when a nonresident owned California property.

Who can file a Petition for Probate?

A person seeking appointment or another qualified interested person may petition depending on the circumstances and statutory priority rules.

Does the person named executor automatically have authority?

No. California Probate Code section 8400 provides that authority to administer the estate generally begins only after court appointment becomes effective through issuance of Letters.

What happens to the original will?

The custodian has statutory responsibilities to deliver the original will to the appropriate Superior Court after learning of the testator's death.

What is DE-121?

DE-121 is the Notice of Petition to Administer Estate. The form tells interested persons about the petition and first probate hearing.

How much notice must heirs receive?

Probate Code section 8110 generally requires delivery of notice to specified heirs and devisees at least 15 days before the hearing.

Does a probate notice have to be published?

Yes, formal administration generally requires publication under Probate Code sections 8120 and 8121.

How many times is the probate notice published?

Section 8121 provides that three publications are sufficient when the statutory timing requirements are satisfied.

Does the first publication have a deadline?

Yes. The first publication generally must occur at least 15 days before the probate hearing.

Can the petitioner mail DE-121?

California Courts instructs that another adult who is not a party to the case generally mails the notice.

Does filing DE-111 make someone executor?

No. Filing asks the court to make the appointment.

What is Full Authority?

Full Authority refers to authority under California's Independent Administration of Estates Act that can allow many estate transactions without separate court approval, subject to important statutory requirements.

Can probate property be sold before the first hearing?

The proposed representative should not assume authority to sell merely because DE-111 has been filed. Legal authority should be confirmed with the probate attorney.

What happens after the petition is filed?

The court sets a hearing, notice and publication are completed, deficiencies are addressed, and the judge considers the petition at the first hearing.

Related Probate Court Process Guides

This is Article #1 in the Probate Court Process series.

Upcoming guides will cover:

• What Happens at the First Probate Hearing in California?
• What Are Letters Testamentary and Letters of Administration in California?
• What Is the Inventory and Appraisal in California Probate?
• How Do Creditor Claims Work in California Probate?
• What Is a Probate Status Report in California—and Why Is It Required?
• How Does Final Accounting and Distribution Work in California Probate?
• California Probate Court Forms Explained

Related Probate Basics Guides

What Is Probate in California?

Does Every Estate Have to Go Through Probate in California?

Dying Without a Will in California

Probate vs. Trust Administration in California

Important Probate Timelines in California

Related Executors & Heirs Guides

What Does an Executor or Administrator Do in California Probate?

What Rights Do Heirs and Beneficiaries Have in California Probate?

Starting Probate in Sacramento, Placer and El Dorado Counties

California Probate Code applies statewide, but individual Superior Courts can have their own local forms, filing practices, probate examiner procedures, calendars, and hearing requirements.

I work with probate real estate involving estates in:

• Sacramento County
• Placer County
• El Dorado County

When real estate is involved, understanding the court appointment timeline early can help the family protect the property and plan for a future sale without acting before legal authority exists.