Riverside, CA asked in Probate for California

Q: I filed a petition for probate in ca. Do I copy and attach form DE-111 and mail out to each individual I listed.

Related Topics:
2 Lawyer Answers

A: Someone 18 years or older who is unrelated to you and is not a beneficiary or heir of the Decedent’s Estate ora registered process server needs to sign and mail a completed Notice of Petition to Administer Estate (DE-121) with the Petition for Probate (DE-111) on all interested parties listed in Paragraph 8 in the Petition. Then, you need to publish the Form DE-121 with an adjudicated newspaper in the county where the Decedent died. Consider consulting a California probate attorney in the county where the Decedent died to ensure smooth administration of this estate. Cheers!

Patricia Ann Brinkley agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: When you file a petition for probate in California, you need to provide notice to all interested parties. Form DE-111, the Petition for Probate, is not the form you mail out. Instead, you should mail Form DE-121, Notice of Petition to Administer Estate, to each person listed in your petition. This form informs them of the hearing date and their right to appear and object.

You must serve this notice at least 15 days before the hearing date. Service can be done by mail, but it must be sent to the individual's last known address. Additionally, you need to file a proof of service with the court to confirm that the notice has been sent.

Ensure you follow these steps carefully to avoid delays in your probate process. Proper notification is crucial for the court to proceed with your petition. If you have further questions, consulting the local probate court's guidelines or seeking legal advice can provide more detailed guidance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.