In This Guide
What is the DE-111 Petition for Probate?
The DE-111 is the official California Judicial Council form used to initiate probate proceedings in Superior Court. This petition formally requests the court to:
- Admit the decedent's will to probate (if one exists)
- Appoint an executor (with a will) or administrator (without a will)
- Grant Letters Testamentary or Letters of Administration
- Authorize the personal representative to administer the estate
The DE-111 is governed by California Probate Code Sections 8000-8030 (Petition and Hearing) and must be filed in the county where the decedent was domiciled at death.
When to File the DE-111
File DE-111 When:
- The gross estate exceeds $184,500 (2024 threshold)
- Real property is titled solely in the decedent's name
- Assets cannot transfer through beneficiary designations or joint tenancy
Timing Requirement
The DE-111 can be filed any time after the decedent's death. However, the court will not schedule a hearing until at least 15 days after the petition is filed (Probate Code § 8003). Most attorneys file within 30-60 days of death.
Step-by-Step Instructions for DE-111
Caption and Case Information
- Enter the Superior Court name and county
- Enter the decedent's full legal name (as it appears on death certificate)
- Leave case number blank (clerk assigns)
Item 1: Publication Request
- Request that the Clerk fix the date, time, and place of hearing
- Name a newspaper of general circulation for publication
- Check appropriate box for testate (with will) or intestate (without will)
Item 2: Decedent Information
- Date and place of death
- Last four digits of Social Security Number
- Street address of decedent's residence at death
- Whether decedent died a resident of California
Item 3: Estate Value Estimate
- Real property value (California)
- Personal property value
- Annual gross income from real property
- Annual gross income from personal property
- Note: Use gross values before debts
Items 4-6: Will Information
- Whether decedent left a will and/or codicil
- Date of will and codicils
- Whether original will is in court's possession
- Whether will requests independent administration (IAEA)
Items 7-8: Petitioner and Appointment
- Proposed personal representative's name and address
- Relationship to decedent
- Priority for appointment under Probate Code
- Whether bond should be waived (if allowed by will)
Item 9: Heirs and Beneficiaries
- List all heirs (those who would inherit without a will)
- List all devisees (those named in the will)
- Include names, ages, relationships, and addresses
- Attach DE-111(A) if more space is needed
Common DE-111 Mistakes to Avoid
Incorrect Estate Valuation
Using net values instead of gross values. The DE-111 requires gross estate value before debts and expenses are deducted.
Missing Heirs
Failing to list all legal heirs, including estranged family members. All heirs must be noticed even if they are not beneficiaries under the will.
Wrong County
Filing in the wrong county. Probate must be filed in the county where the decedent was domiciled at death, not where they died or where property is located.
No Original Will
Filing without the original will. Most counties require the original will be lodged with the court at or before the hearing.
Required Supporting Documents
- Death Certificate: Certified copy
- Original Will: With any codicils
- DE-120: Notice of Petition to Administer Estate
- DE-147: Duties and Liabilities of Personal Representative
- Filing Fee: $435 (varies by county for additional filings)
Relevant California Probate Code Sections
§ 8000
Petition for administration
§ 8002
Contents of petition
§ 8003
Setting hearing date (15+ days)
§ 10810
Statutory attorney fees
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