DE-111 Petition for Probate: Line-by-Line California Guide

What Is the DE-111 Form and When Is It Used? {#what-is-de-111}

The DE-111 Petition for Probate is the document that officially asks the California Superior Court to open a probate estate and appoint a personal representative.

You use the DE-111 when you are seeking:

• Probate of a will
• Appointment of an executor or administrator
• Authority for a personal representative to act

In short, if you are initiating a formal probate administration, you will almost always file a DE-111.

The DE-111 is the foundation of the entire case. Every subsequent order, letter, and filing depends on the information you put here.

When You Do Not Use DE-111 {#when-not-to-use}

You generally do not use the DE-111 form for:

• Small estate affidavits
• Trust administrations
• Spousal property petitions (standalone)
• Heggstad petitions without probate

Understanding whether probate is actually required is step zero—but once you confirm probate is necessary, DE-111 is where everything begins.

Before You Start: Documents and Information You Need {#before-you-start}

Before filling out a single line, gather the following. Attempting to complete the form without this information is the fastest way to make avoidable errors.

Essential Documents

• Certified death certificate
• Original will (if one exists)
• Any codicils
• Trust documents (if relevant)

Required Information

• Decedent's full legal name
• All prior names or aliases
• Date and place of death
• Residence at time of death
• Approximate value of probate assets
• Names and addresses of heirs and beneficiaries

Having this information ready will make the petition for probate process significantly smoother.

DE-111 Line-by-Line Walkthrough {#line-by-line}

Below is a practical explanation of every major section of the DE-111, focusing on what courts actually look for and where attorneys most often make mistakes.

Caption (Top of Page 1)

Attorney or Party Without Attorney Enter your firm name, address, phone number, and State Bar number.

Common mistake: Using outdated contact information or mismatching the attorney name with later signature blocks.

Superior Court of California, County of ___ Enter the county where probate is properly venued. Venue is generally proper in the county where the decedent was domiciled at death.

Decedent Information (Items 1–2)

Item 1: Name of Decedent Use the full legal name exactly as it appears on the death certificate. Include aliases if the decedent used other names, especially if assets are titled differently.

Item 2: Date and Place of Death Use the death certificate verbatim.

Common mistake: Listing a hospital location instead of the city and state of death.

Jurisdiction and Venue (Items 3–4)

This section establishes why the court has authority.

• Check the box indicating California residency or property ownership
• Confirm venue based on domicile or asset location

Courts review this closely. Incorrect venue is a common cause of delay.

Will Information (Items 5–6)

Item 5: Will Existence Check whether the decedent died testate or intestate.

If a will exists:

• Attach the original
• Identify the date of execution

Item 6: Codicils List any codicils with execution dates.

Common mistake: Failing to attach the original will or misidentifying the execution date.

Personal Representative Information (Items 7–9)

This section identifies who you are asking the court to appoint.

Executor vs. Administrator

• Executor = named in will
• Administrator = appointed under intestacy statutes

Provide:

• Full legal name
• Address
• Relationship to decedent

If requesting full authority, make sure later sections align.

Priority for Appointment (Item 10)

This is one of the most commonly misunderstood sections.

You must explain why this petitioner has priority under California law.

Examples:

• Named executor
• Surviving spouse
• Adult child

Courts will reject petitions that assert appointment without legal priority.

Bond (Items 11–12)

Indicate whether bond is required or waived.

Bond may be waived if:

• The will waives bond
• All beneficiaries waive bond

Common mistake: Assuming bond is waived without confirming will language or obtaining waivers.

Authority Requested (Items 13–14)

Here you indicate whether you are requesting:

• Full authority
• Limited authority

This choice affects:

• Real estate transactions
• Creditor dealings
• Court supervision level

Make sure this selection matches your later strategy.

Estimated Value of Estate (Item 15)

List the gross value of probate assets.

Do not subtract:

• Mortgages
• Liens
• Debts

Courts use this estimate for:

• Fee calculations
• Jurisdictional thresholds

Accuracy matters, but estimates are acceptable. Use our fee calculator to see how estate value affects statutory fees.

Heirs and Beneficiaries (Items 16–17)

List all heirs and beneficiaries with addresses.

This section must align with:

• Notice requirements
• Later proofs of service

Common mistake: Omitting heirs who are not beneficiaries under the will.

Attachments and Signature (Final Section)

Attach:

• Will and codicils
• Additional pages as needed

Sign and date the petition.

Double-check consistency across:

• Names
• Dates
• Addresses

Inconsistencies are a leading cause of rejection.

Common DE-111 Mistakes That Cause Rejections {#common-mistakes}

Attorneys filing their first probate often make the same errors:

• Incorrect venue selection
• Missing original will
• Inconsistent names across sections
• Failing to establish priority
• Bond assumptions without support
• Incomplete heir listings

The good news is that these are process errors, not legal failures—and they are entirely avoidable with a checklist-driven approach.

Filing Requirements by County {#filing-by-county}

While the DE-111 form itself is statewide, filing procedures vary by county.

Differences may include:

• Mandatory local forms
• E-filing requirements
• Courtesy copy rules
• Hearing reservation systems

Always check the local probate rules for your county before filing.

Tip: Many first-time probate attorneys are delayed not by the DE-111 itself, but by overlooked local filing requirements.

What Happens After You File DE-111 {#after-filing}

Once filed, the probate typically proceeds as follows:

1. Court assigns a hearing date
2. Notice is published and served
3. Proofs of service are filed
4. Hearing is held
5. Letters are issued

In uncontested matters, hearings are often brief and procedural.

Using Tools to Auto-Fill and Validate DE-111 {#using-tools}

Guided probate tools can:

• Auto-fill DE-111 fields
• Flag inconsistencies before filing
• Ensure priority and bond logic is correct
• Reduce rejections and continuances

For attorneys filing their first probate, this can eliminate much of the anxiety associated with learning by trial and error.

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Frequently Asked Questions {#faq}

Can I amend a DE-111 if I make a mistake?

Yes, but amendments cause delays and additional filings. It is better to file accurately the first time.

Does every probate require a hearing?

Most formal probates do, though uncontested hearings are often short.

Can DE-111 be e-filed?

In many counties, yes—but e-filing rules vary locally.

How long does it take to get Letters after filing?

Typically a few days to a few weeks after the hearing, depending on the county.

Do I need a probate referee before filing DE-111?

No. Referee involvement occurs after appointment, not at the petition stage.

Is DE-111 used for trust administrations?

No. DE-111 is specific to probate estates.

Master DE-111 and File With Confidence

The DE-111 form is not a test of probate mastery—it is a test of organization, consistency, and preparation.

Once you understand what each line is asking and why, DE-111 becomes a repeatable process rather than a source of stress. For attorneys filing their first probate, mastering this form is the single biggest step toward confidence in probate practice.

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