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.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

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.

Cordia Lynn Farrell
Cordia Lynn Farrell
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

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

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