California Form DE-111, the Petition for Probate, is the official Judicial Council form you file in superior court to open a probate case, validate a will, and ask the judge to appoint a personal representative for a deceased person’s estate. You fill it out by completing every numbered item that applies to your facts, attaching the original will if one exists, and filing it with the California superior court in the county where the decedent lived at death.
Probate touches a surprising share of American families every year. The American Bar Association reports that more than half of adults die without a will, which forces their loved ones into intestate probate using forms like DE-111. A single typo on this form can delay your case by months and cost the estate thousands in extra attorney fees, so accuracy matters from line one.
Here is what you will learn in this guide:
- 📝 How to complete every line of Form DE-111 without triggering examiner rejections
- ⚖️ Why the California Probate Code priority rules decide who gets appointed
- 💰 How bond, publication, and filing-fee choices change the estate’s bottom line
- 🧾 Three real scenarios with named petitioners showing testate, intestate, and creditor filings
- 🚫 The seven most common DE-111 mistakes that cause probate notes and continuances
What Form DE-111 Does and Why It Exists
Form DE-111 is the entry door to formal probate in California. The Judicial Council of California publishes this mandatory form under California Rules of Court, rule 1.31, which means superior courts must accept it and cannot demand a different intake document. The form launches the case, gives the court jurisdiction over the estate, and tells the judge what kind of authority the petitioner wants.
The legal foundation sits in Probate Code §8000, which says any interested person may petition for probate of the decedent’s will or for letters of administration. The plain-English meaning is simple: a spouse, child, creditor, or nominated executor uses DE-111 to ask the court for legal power to act for the estate. The consequence of skipping this filing is severe because banks, title companies, and the DMV will not transfer the decedent’s assets without Letters Testamentary or Letters of Administration issued after the petition is granted.
A common misconception is that a notarized will avoids probate. That is false in California unless the estate qualifies for a small estate affidavit under Probate Code §13100 for personal property under \$184,500 (effective April 1, 2025, and indexed every three years). Real property over \$61,500 in gross value almost always forces a DE-111 filing.
When DE-111 Is Required
You must file DE-111 when the decedent’s California estate exceeds the small-estate thresholds, when title to real property must change hands, or when a creditor needs a personal representative to sue. The California Courts self-help probate page confirms the form is the standard starting point for full probate. Filing the wrong form, like a Spousal Property Petition (DE-221), when DE-111 was needed, will produce a probate note and a continuance.
The consequence of delay is real because creditors have only one year from the date of death to file claims under the one-year statute of limitations in CCP §366.2. A scenario: Maria waits 14 months to file DE-111 because she thinks her mother’s small bank account does not need probate, but a forgotten parcel in Riverside County forces her into court anyway, and now the estate has lost claim-cutoff protection.
When DE-111 Is Not Required
Not every death needs DE-111. A revocable living trust funded before death keeps assets out of probate entirely, as the California Probate Code §15200 confirms. Joint tenancy property passes by survivorship, and accounts with valid pay-on-death or transfer-on-death designations move directly to the named beneficiary.
The misconception here is that any trust avoids probate. The truth is only assets actually titled in the trust avoid probate, so a “pour-over” will may still need a streamlined Heggstad petition under Probate Code §850 instead of DE-111. The consequence of confusing these paths is hiring the wrong professional and wasting filing fees.
Before You Start: Documents You Need
Gather the originals before you open the DE-111 PDF. The form asks for exact dates, legal names, and dollar values, and guessing leads to amended petitions. Plan to have the original will, the certified death certificate, an asset inventory estimate, and the names and addresses of every heir, devisee, and known creditor.
You also need to choose your county of filing. Probate Code §7051 sets venue in the county where the decedent was domiciled at death, or, for nonresidents, any county where they owned property. Filing in the wrong county results in a transfer order and lost weeks.
The 2026 base filing fee in most counties is \$465, per the statewide uniform civil fee schedule. Fee waivers are available using Form FW-001 if the petitioner meets income limits. The consequence of forgetting the fee is an immediate clerk rejection at the filing window.
Walkthrough: Filling Out Form DE-111 Line by Line
The form runs four pages on the front and includes attachments for complex facts. Every box has a purpose, and every check mark changes what the court will do. Work top to bottom and never skip a numbered item, because blank boxes are read as “not applicable” by the examiner.
Caption Box and Case Header
The top caption box asks for the attorney or party name, address, telephone, email, and State Bar number. Self-represented petitioners write “In Pro Per” in the State Bar field and list themselves as the party. Below that, you write the superior court branch name and address as listed on the court’s directory.
The “Estate of” line uses the decedent’s full legal name plus any aliases joined by “aka.” A scenario: James Robert Smith also went by Jim Smith on his deeds, so the caption reads “Estate of James Robert Smith aka Jim Smith, Decedent” to ensure title companies match the order. The consequence of omitting an alias is a defective vesting deed later that needs a §850 petition to fix.
Leave the case number blank on first filing because the clerk assigns it. Hearing date, time, and department are also left blank unless your county requires self-set hearings, like Los Angeles Superior Court’s online reservation system.
Item 1: Publication
Item 1 asks you to identify the newspaper that will publish the Notice of Petition to Administer Estate (DE-121). Probate Code §8120 requires three publications in a newspaper of general circulation in the city of the decedent’s residence.
Box 1a names the newspaper, and box 1b confirms publication has been arranged. The consequence of missing publication is a continuance, because the court has no jurisdiction to issue Letters until proof of publication is filed. A misconception: any local paper works. False, because the paper must be adjudicated under Government Code §6000.
A real example: Lakshmi publishes in a free shopper instead of the Daily Journal, and the examiner rejects her notice, costing three more weeks and \$300 in republication fees.
Item 2: Petitioner’s Requests
Item 2 has multiple checkboxes that drive the entire case. Box 2a is the petitioner’s name and capacity. Box 2b is the request for what kind of estate authority you want, broken into 2b(1) appointment, 2b(2) probate of the will, 2b(3) bond, 2b(4) Independent Administration of Estates Act authority, and 2b(5) special notice waivers.
The IAEA box at 2b(4) is a power-up authorized by Probate Code §10400. Full IAEA authority lets the personal representative sell personal property, lease real property, and pay debts without separate court orders. Limited IAEA bars sales of real property without prior court approval, which slows everything down.
The consequence of skipping IAEA is a probate that takes 18 months instead of 9 because every transaction needs a noticed motion. A misconception: IAEA removes court oversight entirely. False, because interested parties can object using Form DE-165 and force court supervision.
Item 3: Decedent’s Death and Domicile
Item 3 captures the decedent’s date of death (3a), residence at death (3b), and street address (3c). Box 3d asks whether the decedent died testate (with will) or intestate (without will). Box 3e asks for the character of property: separate, community, or quasi-community.
Family Code §760 defines community property, and the form’s character box drives whether a surviving spouse takes 100% under Probate Code §6401. The consequence of mischaracterizing community property as separate is that children take a share they were never entitled to.
A scenario: Carlos lists the family home as separate property because the deed lists only his late wife, but the home was bought during marriage with community funds, and the surviving spouse must amend the petition or risk title litigation.
Item 4: Will and Codicils
Item 4 confirms whether the original will is attached. Box 4a says the original is attached, 4b says a copy is attached because the original is lost (and a Probate Code §8223 lost-will petition procedure applies), and 4c addresses authentication of holographic wills.
The original will must be lodged with the court under Probate Code §8200 within 30 days of learning of the death, or the holder is liable for damages. The consequence of late lodging is personal liability to anyone harmed by the delay.
A misconception: you can mail a photocopy. False, because California requires the original signed instrument unless you prove loss with clear and convincing evidence under Estate of Janes (1941) 18 Cal.2d 512. Priya lodges only a scan and the court refuses to admit the will, forcing intestate distribution that contradicts her father’s wishes.
Item 5: Appointment of Personal Representative
Item 5 asks who is being appointed and in what capacity. Box 5a covers executor (named in the will), 5b covers administrator with will annexed, 5c covers administrator (intestate), and 5d covers a special administrator under Probate Code §8540.
The priority for administrator follows Probate Code §8461: surviving spouse, children, grandchildren, parents, and so on. The consequence of ignoring priority is a competing petition that triggers a hearing under Probate Code §8004.
A real example: Devon’s uncle files first as administrator even though Devon is the only child, but Devon serves a competing petition citing §8461 priority and the court appoints him instead.
Item 6: Bond
Item 6 sets bond. Box 6a waives bond (allowed if the will waives it or all heirs consent in writing), 6b sets a bond amount equal to personal property plus one year of income plus probable recovery from real property sales under Probate Code §8482.
The consequence of underbonding is a surcharge against the personal representative if losses occur. The misconception is that a bond is a one-time fee. False, because bond premiums recur annually until discharge, often 0.5% to 1% of the bonded amount.
A scenario: Hannah requests \$50,000 bond to administer a \$1.2 million estate and the examiner issues a probate note demanding the correct bond formula, costing two weeks.
Item 7: Decedent’s Heirs and Devisees
Item 7 lists every heir at law and every devisee under the will. You must list each by full name, age (or “adult”), relationship, and address. California Rule of Court 7.51 requires diligent inquiry to locate missing heirs.
The consequence of omitting an heir is a defective notice under Probate Code §8110 and possible reopening of probate after closure. A misconception: half-siblings and stepchildren are treated the same. False, because stepchildren generally inherit only by equitable adoption, while half-siblings inherit equally with full siblings.
Item 8: Estate Value
Item 8 estimates the gross value of the estate. Box 8a is personal property, 8b is annual gross income from real property, and 8c is real property value. Add them for the total used to compute statutory attorney fees under Probate Code §10810.
Statutory fees follow a sliding scale: 4% on the first \$100,000, 3% on the next \$100,000, 2% on the next \$800,000, 1% on the next \$9 million, and so on. The consequence of inflating the estate is overpaying fees, while undervaluing risks misleading the court.
Item 9: Special Notice and Other
Item 9 covers special items like guardian ad litem requests, Probate Code §13650 spousal set-asides, or notice issues. Box 9 tells the court of any nonstandard relief. The consequence of skipping a needed special-notice item is a missing order at the hearing.
Signature, Verification, and Attachments
The petitioner signs under penalty of perjury at the bottom. Attorneys sign separately as counsel. Code of Civil Procedure §2015.5 governs the verification language.
Standard attachments include Attachment 3f (additional petitioners), Attachment 8 (asset detail), and Attachment 7 (heir list when more than space allows). The consequence of unsigned attachments is a clerk rejection at filing.
Three Real-World Scenarios
The following named scenarios show how DE-111 plays out across the most common fact patterns. Each story uses the petition’s checkboxes differently, with different consequences.
Scenario 1 — Surviving Spouse with a Will
| Petitioner Action | Court Consequence |
|---|---|
| Elena checks 2b(1), 2b(2), 2b(4) full IAEA, and 6a bond waiver because the will waives bond | The court grants Letters Testamentary, full IAEA, and no bond, allowing immediate sale of brokerage assets |
| She lists her two adult stepchildren under Item 7 with addresses | Notice goes out under §8110, and the case proceeds without objections |
| She estimates the estate at \$1.4 million in Item 8 | Statutory fees cap accordingly, and the estate avoids surcharge |
Scenario 2 — Intestate Adult Child Petitioner
| Petitioner Action | Court Consequence |
|---|---|
| Marcus checks 5c administrator and 6b bond of \$300,000 because there is no will to waive bond | The court appoints him administrator with bond, protecting heirs from loss |
| He lists his three siblings as equal heirs under §6402 | Each sibling receives DE-121 notice and an opportunity to object |
| He requests full IAEA at 2b(4) | Court grants full IAEA, and Marcus sells the family home without separate court order |
Scenario 3 — Creditor Petitioner
| Petitioner Action | Court Consequence |
|---|---|
| Pacific Credit Union files DE-111 because no family member has acted within 40 days of death, citing §8461(s) | Court accepts creditor priority as “any other person” after higher-priority refusal |
| The credit union nominates a private professional fiduciary under Item 5 | Court appoints the licensed fiduciary, who collects assets and pays the credit union’s claim |
| Bond is set at full value under 6b | Heirs are protected against fiduciary error, and the case closes within 12 months |
Mistakes to Avoid
Probate examiners publish probate notes that catch the same errors over and over. Avoiding these saves weeks and thousands of dollars.
- Filing in the wrong county, which violates Probate Code §7051 and forces a venue transfer.
- Lodging a photocopy instead of the original will, triggering a §8223 lost-will procedure and clear-and-convincing proof.
- Forgetting to publish DE-121 in an adjudicated newspaper, which costs republication fees and a continuance.
- Listing only the petitioner’s heirs instead of all heirs at law, which voids notice and may reopen probate.
- Checking limited IAEA when full IAEA is appropriate, which adds 6 to 9 months to the case.
- Waiving bond without will authority or written heir consents, which the examiner will reject under Probate Code §8481.
- Underestimating estate value to look smaller, which misstates statutory fees and exposes the petitioner to surcharge.
- Failing to mark the correct character of property in Item 3e, which misroutes inheritance shares.
- Missing the petitioner’s verification signature, leading to immediate clerk rejection.
- Ignoring California Rule of Court 7.51 diligent-search requirements for missing heirs.
Federal Considerations Before California Specifics
Federal law sets the floor on a few probate issues even though probate itself is state-run. The federal estate tax, governed by IRC §2001, only applies when the gross estate exceeds the unified credit equivalent, which is \$13.99 million per person for 2025 indexed forward. Most California estates will not owe federal estate tax, but the personal representative may still need to file Form 706 to elect portability for a surviving spouse.
The IRS taxpayer ID rules require an EIN for the estate, obtained on Form SS-4. The consequence of skipping the EIN is that brokerage firms refuse to retitle accounts in the estate’s name. A misconception: the decedent’s Social Security number can keep being used. False, because that number dies with the person for tax purposes.
California Bond, Fees, and Notice Nuances
California adds layers on top of the federal baseline. Bond premiums are paid from estate assets, not the petitioner’s pocket, under Probate Code §8486, and approved sureties are listed by the California Department of Insurance.
Statutory attorney compensation under Probate Code §10810 and the personal representative compensation under §10800 follow the same percentage. Extraordinary fees require a noticed motion and judge approval.
Notice of the hearing under Probate Code §8110 must be served at least 15 days before the hearing on every heir, devisee, and named person in the will. The consequence of missing the 15-day window is a continuance.
Do’s and Don’ts
- Do lodge the original will within 30 days of death under Probate Code §8200, because late lodging is personally actionable.
- Do request full IAEA at 2b(4) when no objection is expected, because it slashes case time and motion expenses.
- Do verify newspaper adjudication before paying for publication, because non-adjudicated papers fail §8120.
- Do use Form DE-150 Letters immediately after appointment, because banks demand certified Letters within 60 days.
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Do keep an asset spreadsheet open while completing Item 8, because mismatches with the Inventory and Appraisal DE-160 trigger probate notes.
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Don’t check both testate and intestate boxes in Item 3d, because the case cannot be both.
- Don’t sign as both petitioner and counsel without a Bar number, because the clerk will reject the petition.
- Don’t skip Item 7 addresses, because incomplete heir data invalidates DE-121 service.
- Don’t request bond waiver without supporting consents, because Probate Code §8481 demands them.
- Don’t file a Spousal Property Petition together with DE-111 hoping one will work, because mixed filings confuse the examiner and slow approval.
Pros and Cons of Filing DE-111 Pro Per
- Pro: Saves statutory attorney fees, which on a \$500,000 estate equal \$13,000 under §10810.
- Pro: Encourages direct understanding of the estate, which improves accountings later.
- Pro: Many counties offer self-help probate clinics that walk filers through the form for free.
- Pro: Online filing through eFileCA is open to self-represented parties in most counties.
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Pro: Pro per filers control the timeline and avoid waiting on attorney calendars.
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Con: A single missed checkbox can cost months in continuances.
- Con: Pro per petitioners cannot represent the estate in litigation, only themselves, under Hansen v. Hansen (2003) 114 Cal.App.4th 618.
- Con: Bond premiums and publication costs still apply, regardless of attorney representation.
- Con: Statutory fees, if later hired counsel takes over, do not shrink because the case began pro per.
- Con: Mistakes can create personal liability for the petitioner.
Key People, Places, and Organizations
The petitioner is the person filing the form and asking to be appointed. The personal representative is the appointed fiduciary, called an executor when named in a will and administrator when appointed by the court intestate. The Judicial Council of California authors and updates DE-111. The California Department of Insurance regulates surety companies that issue probate bonds.
The county superior court probate division hears the case. The probate examiner reviews the petition and issues probate notes. The California Professional Fiduciaries Bureau licenses neutral private fiduciaries who often serve when family members cannot.
Court Rulings That Shape DE-111 Practice
Several published opinions inform how examiners read the form. Estate of Janes (1941) 18 Cal.2d 512 sets the clear-and-convincing standard for lost wills, which directly shapes Item 4b. Estate of Sapp (2019) 36 Cal.App.5th 86 reinforces strict compliance with notice statutes, which drives Item 7 thoroughness.
Estate of Bennett (2008) 163 Cal.App.4th 1303 limits IAEA authority when a will restricts it, meaning Item 2b(4) can be denied even if checked. The consequence of ignoring these cases is reversal on appeal and personal surcharge against the representative.
After Filing: Next Steps
After the clerk stamps DE-111, you immediately publish DE-121 and serve notice on every name in Item 7. You then attend the hearing, present the Order for Probate (DE-140), and once signed, request issuance of Letters (DE-150). The personal representative then signs the Duties and Liabilities (DE-147) and the confidential supplement DE-147S.
Within four months of appointment, the representative files the Inventory and Appraisal (DE-160) with the court-appointed probate referee. The consequence of late inventory is a status report demand under Probate Code §12200 and possible removal.
FAQs
Is California Form DE-111 mandatory for opening probate?
Yes. DE-111 is the Judicial Council’s mandatory form to open formal probate in California, and superior courts will not accept other intake formats under Rule 1.31.
Can I file DE-111 without a lawyer?
Yes. Self-represented petitioners may file DE-111, sign as “In Pro Per,” and use self-help court resources, but they cannot represent the estate against third parties in litigation.
Does DE-111 work for small estates under \$184,500?
No. Estates under the §13100 threshold of \$184,500 generally use a small-estate affidavit, not DE-111, and using DE-111 unnecessarily wastes filing fees.
Can I waive bond on DE-111?
Yes. Bond is waivable when the will waives it or all adult heirs sign written consents, but courts may still impose bond under Probate Code §8481 if assets warrant protection.
Must the original will be filed with DE-111?
Yes. The original will must be lodged within 30 days of death under Probate Code §8200, and failure exposes the holder to civil damages.
Does DE-111 cover real property in another state?
No. California probate covers only California assets; out-of-state real property requires ancillary probate in that state’s court, often using each state’s own intake form.
Is full IAEA authority always granted?
No. Full IAEA may be denied if the will restricts it, if heirs object, or if the court finds limited authority more appropriate under Estate of Bennett.
Can a creditor file DE-111?
Yes. A creditor may petition under Probate Code §8461(s) when no higher-priority person petitions within 30 days, but the court usually appoints a neutral fiduciary.
Does filing DE-111 stop the one-year creditor deadline?
No. CCP §366.2 sets a one-year hard cap from death; DE-111 only triggers a shorter four-month creditor claim window after Letters issue.
Are filing fees refundable if I withdraw DE-111?
No. California superior court filing fees are not refundable once paid, even if the petitioner withdraws or the court denies the petition.
Can two people serve as co-petitioners on DE-111?
Yes. Multiple petitioners may file together, listed in Item 2a or in Attachment 3f, and the court may appoint co-representatives if all qualify under §8461.
Does a trust avoid the need for DE-111?
Yes. Assets properly titled in a funded revocable living trust skip probate entirely and do not require DE-111, though pour-over wills with unfunded assets may need a §850 Heggstad petition.
Related reading
- Does California Recognize a Simple Will? (w/Examples) + FAQs
- How to Fill Out California Form DE-131 (w/Examples) + FAQs
- How to Fill Out California Form DE-160 (w/Examples) + FAQs
- How to Fill Out California Form DE-200 (w/Examples) + FAQs
- How to Fill Out California Form DE-260 (w/Examples) + FAQs
- How to Fill Out California Form DE-265 (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs