Probate Court Process · Article 8

California Probate Court Forms Explained: Common Forms Executors and Heirs Should Know

By Frank Valente, Associate Broker | DRE #01365213

Last reviewed:

California probate involves a series of court filings, notices, and orders.

Many of those filings use standardized Judicial Council forms — official forms approved by the California Judicial Council for use in the state's courts.

For the Decedent's Estate (DE) series, these forms are publicly available on the California Courts website.

This guide explains the most commonly encountered probate forms, organized by the stage of probate in which they typically appear.

Important: This is not a complete list of every possible California probate form. The forms needed depend on the estate, court orders, type of assets, disputes, and local Superior Court requirements.

Quick Answer: What Are the Most Common California Probate Forms?

The most commonly encountered California probate Judicial Council forms include:

  • DE-111 — Petition for Probate
  • DE-121 — Notice of Petition to Administer Estate
  • DE-140 — Order for Probate
  • DE-147 — Duties and Liabilities of Personal Representative
  • DE-147(S) — Confidential Supplement to Duties and Liabilities of Personal Representative
  • DE-150 — Letters Testamentary / Letters of Administration
  • DE-154 — Request for Special Notice
  • DE-157 — Notice of Administration to Creditors
  • DE-160 — Inventory and Appraisal
  • DE-161 — Inventory and Appraisal Attachment
  • DE-165 — Notice of Proposed Action (Objection-Consent)
  • DE-166 — Waiver of Notice of Proposed Action
  • DE-172 — Creditor's Claim
  • DE-174 — Allowance or Rejection of Creditor's Claim
  • DE-221 — Spousal or Domestic Partner Property Petition
  • DE-260 — Report of Sale and Petition for Order Confirming Sale of Real Property
  • DE-265 — Order Confirming Sale of Real Property
  • DE-295 — Ex Parte Petition for Final Discharge and Order
  • DE-120 — Notice of Hearing — Decedent's Estate or Trust

Not every estate uses every form on this list.

Not every form needed in a probate is on this list.

The probate attorney determines which forms apply to a specific estate.

Stage 1: Opening Probate

DE-111 — Petition for Probate

DE-111 is the foundational opening document in a formal California probate.

The petitioner — typically the person named as executor in the will, or a person entitled to administer an intestate estate — files DE-111 to ask the court to:

  • Admit the will to probate (if there is a will)
  • Appoint a personal representative
  • Set the first probate hearing

DE-111 asks for information including:

  • Decedent's name and date of death
  • Whether a will exists
  • Names and addresses of heirs and devisees
  • Estimated estate value
  • Requested authority (Full or Limited under IAEA)
  • Bond request or waiver
  • Proposed personal representative

California Probate Code section 8000 governs the petition for probate.

For a detailed explanation of the opening process, see: How Do You Start Probate in California?

DE-121 — Notice of Petition to Administer Estate

DE-121 is the notice that must be published in a newspaper of general circulation and served on heirs and devisees before the first probate hearing.

DE-121 notifies interested persons that:

  • A petition to administer the estate has been filed
  • A hearing has been set
  • Objections may be filed

California Probate Code section 8100 governs notice of petition to administer estate.

Publication and service requirements must be satisfied before the court can appoint the personal representative.

For more information, see: How Do You Start Probate in California?

Stage 2: First Hearing and Appointment

DE-140 — Order for Probate

DE-140 records the court's decision appointing the personal representative and identifies important powers, responsibilities, bond requirements, and authority granted by the court.

For more information about the first hearing, see: What Happens at the First Probate Hearing in California?

DE-147 — Duties and Liabilities of Personal Representative

DE-147 explains the duties and liabilities of an executor or administrator, including responsibilities for protecting estate assets, recordkeeping, handling estate funds, following court orders, and properly administering the estate.

The proposed personal representative also uses the form to acknowledge receiving this information.

DE-147(S) — Confidential Supplement to Duties and Liabilities of Personal Representative

DE-147(S) provides certain confidential identifying information concerning the proposed personal representative when required by the court.

DE-150 — Letters Testamentary / Letters of Administration

DE-150 is the court-issued document that gives the personal representative legal authority to act on behalf of the estate.

When the decedent left a will and the named executor is appointed, the court issues Letters Testamentary.

When there is no will, or the named executor cannot serve, the court issues Letters of Administration.

Both use the same form: DE-150.

DE-150 is critical because:

  • Banks require it to release estate accounts
  • Title companies require it to process real property transfers
  • Escrow requires it to authorize a probate sale
  • Financial institutions require it to transfer securities
  • Government agencies may require it to process claims

Personal representatives typically need multiple certified copies of DE-150.

For a detailed explanation, see: What Are Letters Testamentary and Letters of Administration in California?

Notices and Ongoing Administration

DE-154 — Request for Special Notice

DE-154 allows an interested person to request notice of additional filings and proceedings in the probate case.

DE-120 — Notice of Hearing — Decedent's Estate or Trust

DE-120 is the general notice of hearing form used throughout probate.

DE-120 is used to notify interested persons of upcoming probate hearings, including:

  • First hearing
  • Petition hearings
  • Final distribution hearing
  • Other noticed hearings

DE-120 states:

  • The type of hearing
  • The date, time, and location
  • The case name and number
  • The petitioner's information

Proper service of DE-120 is required before most probate hearings.

Stage 3: Inventory and Appraisal

DE-160 — Inventory and Appraisal

DE-160 is the official Inventory and Appraisal form.

The personal representative must file DE-160 within four months of Letters issuing.

DE-160 lists all estate property and assigns a date-of-death value to each asset.

DE-160 has two parts:

Part 1 — Items the personal representative values:

  • Cash
  • Bank accounts
  • Checking and savings accounts
  • Money market accounts
  • Refunds
  • Other cash-equivalent items

Part 2 — Items the probate referee appraises:

  • Real property
  • Stocks and bonds
  • Business interests
  • Personal property above a threshold
  • Other non-cash assets

The probate referee is a court-appointed appraiser who values the Part 2 assets.

For a detailed explanation, see: What Is the Inventory and Appraisal in California Probate?

DE-161 — Inventory and Appraisal Attachment

DE-161 is the attachment page used with DE-160 when the estate has more assets than fit on the main form.

DE-161 lists additional estate property in the same format as DE-160.

Large or complex estates may require multiple DE-161 attachments.

Stage 4: Creditor Claims

DE-157 — Notice of Administration to Creditors

DE-157 tells known or reasonably ascertainable creditors that probate administration has begun and provides information about how and when a creditor may file a claim against the estate.

DE-172 — Creditor's Claim

DE-172 is the form a creditor uses to file a claim against the estate.

Creditors who receive proper notice of the probate must file DE-172 within the applicable claims period.

DE-172 requires the creditor to state:

  • The amount of the claim
  • The basis for the claim
  • Whether the claim is secured or unsecured
  • Supporting documentation

California Probate Code section 9000 and related sections govern creditor claims.

For a detailed explanation, see: How Do Creditor Claims Work in California Probate?

DE-174 — Allowance or Rejection of Creditor's Claim

DE-174 is the form the personal representative uses to formally allow or reject a creditor's claim.

DE-174 states:

  • The claim amount
  • Whether the claim is allowed or rejected
  • The basis for rejection, if applicable

A creditor whose claim is rejected has a limited time to file a lawsuit.

For more information, see: How Do Creditor Claims Work in California Probate?

Stage 5: Independent Administration

DE-165 — Notice of Proposed Action (Objection-Consent)

DE-165 is used to notify interested persons of certain proposed actions under California's Independent Administration of Estates Act. A proposed real estate sale may be one of those actions, but DE-165 is not officially titled "Notice of Sale of Real Property."

DE-165 is used when the estate has Full Authority under the Independent Administration of Estates Act (IAEA) and the personal representative intends to take a qualifying action — such as selling real property — without a court confirmation hearing.

DE-165 notifies heirs and beneficiaries of the proposed action and gives them an opportunity to object.

If no objection is filed within the required period, the action can proceed without court confirmation.

If an objection is filed, the matter may require court involvement.

For more information about probate real estate sales, see: Can You Sell a House Before Probate Is Completed in California?

DE-166 — Waiver of Notice of Proposed Action

DE-166 allows an interested person to waive the right to receive certain Notices of Proposed Action and can also be used to revoke a prior waiver.

Stage 6: Court-Confirmed Real Estate Sale

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

DE-260 is used when the personal representative reports a qualifying probate real estate sale to the court and asks the court to confirm the sale.

For more information about when court confirmation is required, see: Does a Probate Sale Require Court Confirmation in California?

DE-265 — Order Confirming Sale of Real Property

DE-265 records the court's decision whether to confirm the real property sale.

DE-260 asks the court to confirm the sale.

DE-265 records the court's confirmation decision.

Special Circumstances: Spousal Property

DE-221 — Spousal or Domestic Partner Property Petition

DE-221 asks the court to determine that all or part of a deceased person's property passes to or belongs to the surviving spouse or registered domestic partner without requiring that property to go through the ordinary formal probate process.

The availability and scope of DE-221 depend on the specific facts of the estate.

The probate attorney should determine whether DE-221 is appropriate.

Stage 7: Closing the Estate

DE-295 — Ex Parte Petition for Final Discharge and Order

DE-295 is the form used to ask the court to discharge the personal representative after final distribution has been completed.

DE-295 is filed after:

  • The court has entered a final distribution order
  • The personal representative has distributed estate property according to that order
  • Required receipts have been filed or otherwise addressed

DE-295 confirms that:

  • Personal property was distributed
  • Real property was distributed or transferred
  • Required receipts are on file
  • Distribution complied with prior court orders

DE-295 is an ex parte petition — it does not require another full noticed probate hearing.

The court can enter an order discharging the personal representative based on DE-295.

For a detailed explanation, see: How Does Final Accounting and Distribution Work in California Probate?

Forms Organized by Probate Stage

Not every estate uses every form. This is a general reference only.

Opening Probate

  • DE-111 — Petition for Probate
  • DE-121 — Notice of Petition to Administer Estate

Appointment

  • DE-140 — Order for Probate
  • DE-147 — Duties and Liabilities of Personal Representative
  • DE-147(S) — Confidential Supplement
  • DE-150 — Letters

Notice / Ongoing Administration

  • DE-154 — Request for Special Notice
  • DE-120 — Notice of Hearing

Inventory and Appraisal

  • DE-160 — Inventory and Appraisal
  • DE-161 — Inventory and Appraisal Attachment

Creditor Claims

  • DE-157 — Notice of Administration to Creditors
  • DE-172 — Creditor's Claim
  • DE-174 — Allowance or Rejection of Creditor's Claim

Independent Administration

  • DE-165 — Notice of Proposed Action (Objection-Consent)
  • DE-166 — Waiver of Notice of Proposed Action

Court-Confirmed Real Estate Sale

  • DE-260 — Report of Sale and Petition for Order Confirming Sale of Real Property
  • DE-265 — Order Confirming Sale of Real Property

Spousal Property Procedure

  • DE-221 — Spousal or Domestic Partner Property Petition

Closing Probate

  • DE-295 — Ex Parte Petition for Final Discharge and Order

Where to Find California Probate Forms

All Judicial Council forms are publicly available on the California Courts website at no charge.

The Decedent's Estate (DE) series can be found at:

California Courts — Decedent's Estate (DE) Forms

Forms are available as fillable PDFs.

Local Superior Courts may also have their own local forms, cover sheets, or filing requirements in addition to the Judicial Council forms.

The probate attorney should identify which forms are required for a specific estate and local court.

What Forms Are Not Covered Here?

This guide covers commonly encountered forms in a standard California probate.

Additional forms may be needed for:

  • Contested matters
  • Guardianship or conservatorship issues
  • Trust administration
  • Spousal property petitions
  • Creditor litigation
  • Tax matters
  • Real property title issues
  • Extraordinary administration
  • Ancillary probate
  • Small estate affidavits
  • Summary administration
  • Other specialized proceedings

The probate attorney determines which forms apply to a specific estate.

Frank's Real Estate Perspective

From the real estate side, the forms that most directly affect a probate property transaction are:

DE-150 — Letters Testamentary / Letters of Administration

Title companies and escrow require certified copies of DE-150 before they will process a probate sale. Without Letters, the personal representative cannot authorize the sale.

DE-165 — Notice of Proposed Action (Objection-Consent)

When the estate has Full Authority under IAEA, DE-165 allows the personal representative to take qualifying actions — including selling real property — without a court confirmation hearing, which can significantly simplify and speed up the sale process.

For estates with Limited Authority, or when an objection is filed after DE-165 notice, the sale may require a court confirmation hearing with overbid procedures.

DE-260 and DE-265 — Court-Confirmed Sale

When a probate real estate sale requires court confirmation, DE-260 is used to report the sale and ask the court to confirm it. DE-265 records the court's decision.

DE-160 — Inventory and Appraisal

The probate referee's appraisal of the real property on DE-160 establishes the date-of-death value. That value is relevant to the sale process, carrying costs, and the final accounting.

For more information about how probate real estate sales work, see:

Frequently Asked Questions

What is DE-111 in California probate?

DE-111 is the Petition for Probate — the opening document filed to ask the court to admit the will and appoint a personal representative.

What is DE-121 in California probate?

DE-121 is the Notice of Petition to Administer Estate — the notice published in a newspaper and served on heirs before the first probate hearing.

What is DE-140 in California probate?

DE-140 is the Order for Probate — the court's order appointing the personal representative and identifying the authority, bond requirements, and powers granted by the court.

What is DE-147 in California probate?

DE-147 is the Duties and Liabilities of Personal Representative form — it explains the executor's or administrator's legal obligations and is acknowledged by the proposed personal representative.

What is DE-147(S) in California probate?

DE-147(S) is the Confidential Supplement to Duties and Liabilities of Personal Representative — it provides certain confidential identifying information about the proposed personal representative when required by the court.

What is DE-150 in California probate?

DE-150 is Letters Testamentary or Letters of Administration — the court document that gives the personal representative legal authority to act for the estate.

What is DE-154 in California probate?

DE-154 is the Request for Special Notice — it allows an interested person to request notice of additional filings and proceedings in the probate case.

What is DE-157 in California probate?

DE-157 is the Notice of Administration to Creditors — it notifies known or reasonably ascertainable creditors that probate has begun and explains how and when to file a claim.

What is DE-160 in California probate?

DE-160 is the Inventory and Appraisal — the official listing of all estate assets with their date-of-death values.

What is DE-161 in California probate?

DE-161 is the Inventory and Appraisal Attachment — an additional page used when the estate has more assets than fit on DE-160.

What is DE-165 in California probate?

DE-165 is the Notice of Proposed Action (Objection-Consent) — used to notify interested persons of certain proposed actions under IAEA, which may include a proposed real estate sale.

What is DE-166 in California probate?

DE-166 is the Waiver of Notice of Proposed Action — it allows an interested person to waive the right to receive certain Notices of Proposed Action, and can also be used to revoke a prior waiver.

What is DE-172 in California probate?

DE-172 is the Creditor's Claim form — used by creditors to file claims against the estate.

What is DE-174 in California probate?

DE-174 is the Allowance or Rejection of Creditor's Claim form — used by the personal representative to formally accept or reject a creditor's claim.

What is DE-221 in California probate?

DE-221 is the Spousal or Domestic Partner Property Petition — used to ask the court to determine that certain property passes to the surviving spouse or registered domestic partner without going through ordinary formal probate.

What is DE-260 in California probate?

DE-260 is the Report of Sale and Petition for Order Confirming Sale of Real Property — used when the personal representative reports a qualifying probate real estate sale and asks the court to confirm it.

What is DE-265 in California probate?

DE-265 is the Order Confirming Sale of Real Property — it records the court's decision whether to confirm the real property sale.

What is DE-295 in California probate?

DE-295 is the Ex Parte Petition for Final Discharge and Order — filed after final distribution is complete to ask the court to discharge the personal representative.

Where can I find California probate forms?

All Judicial Council forms are available free on the California Courts website at courts.ca.gov.

Does every probate use all of these forms?

No. The forms required depend on the specific estate, assets, disputes, court orders, and local Superior Court requirements.

Related Probate Court Process Guides

Related Probate Real Estate Guides

California Probate Forms in Sacramento, Placer and El Dorado County

California's Judicial Council forms are statewide.

However, individual Superior Courts can have different local:

  • Filing requirements
  • Cover sheets
  • Local forms
  • Probate examiner procedures
  • Proposed-order formats
  • Hearing practices

Personal representatives should follow the procedures of the Superior Court handling the estate.

I work with probate real estate in:

  • Sacramento County
  • Placer County
  • El Dorado County

If you are a personal representative, heir, beneficiary, or probate attorney dealing with real property in one of these counties, I am available for a free consultation on the real estate side of the estate.

Need Help With the Real Estate Side of a California Probate?

Probate forms determine legal authority and court procedure. My role is different. I help personal representatives, heirs, beneficiaries, and probate attorneys understand the real estate side of the estate — from valuation and carrying costs to listing strategy and escrow coordination.

Frank Valente, Associate Broker

eXp Realty of California, Inc. · DRE #01365213

Call or text: 916-257-0893

Free, no-pressure probate real estate consultation.

Contact Frank

Important Disclaimer

This guide provides general educational information about commonly used California probate court forms. The correct forms, deadlines, notices, procedures, and legal documents depend on the facts of the estate, applicable California law, court orders, and local Superior Court requirements. Not every probate estate uses every form described here. Some probate matters require additional Judicial Council forms, local forms, petitions, pleadings, notices, declarations, or court orders. This information is not legal advice. Executors, administrators, heirs, beneficiaries, creditors, and other interested persons should consult a qualified California probate attorney or the appropriate Superior Court concerning their specific case.

Sources: California Courts — Overview of Formal Probate · California Courts — Decedent's Estate (DE) Judicial Council Forms · California Courts — Petition for Probate, Form DE-111 · California Courts — Notice of Hearing, Form DE-120 · California Courts — Notice of Petition to Administer Estate, Form DE-121 · California Courts — Order for Probate, Form DE-140 · California Courts — Duties and Liabilities of Personal Representative, Form DE-147 · California Courts — Confidential Supplement to Duties and Liabilities of Personal Representative, Form DE-147(S) · California Courts — Letters Testamentary / Letters of Administration, Form DE-150 · California Courts — Request for Special Notice, Form DE-154 · California Courts — Notice of Administration to Creditors, Form DE-157 · California Courts — Inventory and Appraisal, Form DE-160 · California Courts — Inventory and Appraisal Attachment, Form DE-161 · California Courts — Notice of Proposed Action (Objection-Consent), Form DE-165 · California Courts — Waiver of Notice of Proposed Action, Form DE-166 · California Courts — Creditor's Claim, Form DE-172 · California Courts — Allowance or Rejection of Creditor's Claim, Form DE-174 · California Courts — Spousal or Domestic Partner Property Petition, Form DE-221 · California Courts — Report of Sale and Petition for Order Confirming Sale of Real Property, Form DE-260 · California Courts — Order Confirming Sale of Real Property, Form DE-265 · California Courts — Ex Parte Petition for Final Discharge and Order, Form DE-295 · Probate Code § 8000 — petition for probate · Probate Code § 8100 — notice of petition to administer estate · Probate Code § 9000 — creditor claims · Probate Code § 10400 — Independent Administration of Estates Act