How to Fill Out California Form DE-147 (w/Examples) + FAQs

Each year, about 38,000 Californians begin the probate process, making Form DE-147 essential for newly appointed personal representatives to acknowledge their duties. To complete California Form DE-147, provide the Superior Court and estate details (county, branch, case number) and sign the acknowledgment page confirming your responsibilities.

📄 What DE-147 covers: Purpose of the form and when to file it.
✍️ Step-by-Step Guide: How to correctly fill out each section of DE-147.
⚠️ Avoid These Mistakes: Common errors and how to fix them.
✅ Examples Included: Sample correct and incorrect entries on DE-147.
📚 Key Terms & Forms: Definitions of executor, probate, personal representative, bond, and related forms (DE-147S, DE-111, DE-120).

What Is California Form DE-147?

Form DE-147 is a mandatory California probate document titled Duties and Liabilities of Personal Representative. It is required by California Probate Code §8404 whenever the court appoints someone as the executor or administrator of an estate. This form is a statement from the court that outlines all the duties you owe as a fiduciary, and by signing it you confirm receipt and understanding.

Essentially, DE-147 tells you in writing that you are legally obligated to manage the estate’s assets prudently, keep them separate, locate creditors, and follow probate law. Every newly appointed personal representative must sign DE-147 before receiving any official authority.

Form DE-147 itself has two pages. The first page lists general duties (like investing carefully, keeping assets safe, filing inventories, notifying creditors, and keeping accurate records). You do not write anything on this informational page, but you should read it carefully. The second page has blank fields and an Acknowledgment of Receipt. This is the part you fill in. It requires details like the court name, branch, case number, and “Estate of [Decedent]” at the top. There are also lines for the attorney or personal representative’s contact information (name, address, phone) on the second page. These fields identify who is serving. The key part of page 2 is the signature block acknowledging receipt of the duties document.

When DE-147 is filed correctly, the court will immediately proceed to issue Letters testamentary (your official appointment). If DE-147 is delayed or incomplete, the judge may hold off on giving you formal authority.

Step-by-Step: How to Fill Out DE-147

Identify the Court and Case: At the top of page 1, write the name of the Superior Court (county and branch) and fill in the probate case number. For example, “Los Angeles County, Stanley Mosk Courthouse, 111 N. Hill St.” under the court name, and the specific case number. Write the estate name as “Estate of [Decedent Name], Decedent.” This ensures DE-147 is correctly matched to your probate case.
Party or Attorney Info: Under “Attorney or Party Without Attorney,” enter the name, address, and contact of the person preparing the form. If an attorney represents you, list the attorney’s name, bar number, address, and phone, and write “Attorney for [Executor’s Name]” in the box. If you’re handling the case yourself (pro se), print your own name, address, and phone in this section.
Review the Duties List: The paragraphs on page 1 explain your fiduciary duties (e.g., inventory assets, pay debts, file accountings). Read these carefully. They are not for you to sign, but to inform you. Understanding each duty helps you avoid mistakes. You do not sign the duty paragraphs themselves; you only sign the acknowledgment on page 2.
Sign the Acknowledgment: On page 2, locate the section with numbered points followed by the signature line. Typically it says: “I have petitioned the court to be appointed as a personal representative, and I have received a copy of the duties and liabilities statement (Form DE-147) and this acknowledgment.” Print your name where indicated, then sign on the line labeled “(Signature of Petitioner).” If there are two petitioners (co-executors), each person signs their own section. Write the date next to your signature. Immediately below, clearly print or type your name on the line.
Include Contact Details: Also on page 2 under your signature, fill in your mailing address and telephone number in the spaces provided. This is so the court and others can reach you about the estate. If you have co-personal representatives, each should complete a separate acknowledgment with their own contact info.
Attach Form DE-147S if Needed: Some California counties require a confidential supplement (Form DE-147S) to be filed with DE-147. DE-147S provides your personal information like birth date and driver’s license number to the court (used for background checks). Check your local court rules: if DE-147S is required in your county, fill it out and attach it to DE-147.
Double-Check and Submit: Review the completed DE-147 to ensure every field is filled in correctly. Confirm the case number and decedent’s name exactly match your petition (Form DE-111). Check that you signed and dated in the correct spots. Make sure the form is legible (type or print clearly). Finally, file DE-147 with the probate clerk at the courthouse where the estate is being handled. There is no filing fee for DE-147 itself. Keep a filed-stamped copy for your records.
Keep the Filed Copy: After filing DE-147, obtain a copy with the court’s stamp or endorsement. This copy proves you timely acknowledged your duties. Keep it in your probate file as evidence of compliance.

Each blank on DE-147 is straightforward, but accuracy matters. Filling every section correctly lets the probate process move forward smoothly. Once DE-147 is on file, the judge will issue your Letters testamentary, and you can proceed with inventorying assets and settling debts.

Examples of Correct and Incorrect Form Entries

Correct Example

Imagine Jane Smith is the named executor in her father’s will. The probate case is in Los Angeles County with number 123456. Jane fills out DE-147 as follows:

Top of page 1: She writes “Los Angeles County, Stanley Mosk Courthouse, 111 N. Hill St.” and enters case number “123456.” Under Estate of she writes “Estate of John Smith, Decedent” exactly as on the petition.
Attorney/Party section: Jane is representing herself, so she prints her name and home address. She writes her phone number. (If she had a lawyer, the lawyer’s info would go here instead.)
Page 2 signature: Jane signs on the “Signature of Petitioner” line and dates it. Underneath, she clearly prints “Jane Smith.” Next to this, she fills in her address and phone number in the provided space.
Attachments: Because LA County requires it, Jane attaches a completed DE-147S with her date of birth and driver’s license number in the back.

This form is complete and accurate: all header lines are filled, her handwriting is legible, and she included DE-147S as required. The judge sees no mistakes, so Jane’s Letters testamentary will issue without delay.

Incorrect Example

Now consider some common mistakes on a similar form:

Missing Case Number: If Jane left the case number field blank, the clerk would not know which case this form belongs to. Without the case number, DE-147 would likely be returned for correction.
Wrong Court Info: Suppose Jane wrote only “Los Angeles” and left out the courthouse address line. The court header would be incomplete, making it unclear which branch is handling the case.
Unreadable Signature: If Jane signed in messy cursive, it might not be obvious who signed. In practice, one should add a printed name under the signature to avoid confusion.
No DE-147S Attached: If LA County requires DE-147S and Jane forgot it, the clerk will note the missing data and will not issue Letters until she submits it. Omission of required attachments delays the case.
Using an Old Form: If Jane accidentally downloaded a prior version of DE-147 (with an old revision date), the court might reject it for not being current. Always use the latest Judicial Council form.

Always double-check each entry. In this incorrect scenario, the probate clerk would likely note the deficiencies and ask Jane to correct and resubmit the form. Proper completion on the first try avoids these delays.

Key Legal Terms Explained

Executor/Personal Representative: The person (or persons) appointed by the court to handle the decedent’s estate. They carry out the terms of the will (executor) or follow state law if no will (administrator). Both titles mean the same role as the personal representative.
Decedent: The person who has died. All the decedent’s assets and debts become part of their estate for probate.
Estate: The legal entity comprising all the decedent’s assets, property, and debts. During probate, the estate is what the personal representative manages on behalf of the heirs or beneficiaries.
Probate: The court-supervised process of settling an estate. Probate includes proving the will, appointing the personal representative, inventorying assets, paying debts, and distributing the estate according to law or will.
Bond: A surety bond required by the court (unless waived) as insurance against mismanagement. It’s a financial guarantee that protects the estate’s beneficiaries. If required, a personal representative obtains a bond before taking office.
Letters (Testamentary or Administration): Official court orders issued after the initial probate paperwork (including DE-147) are approved. Letters authorize the personal representative to act on behalf of the estate (e.g., sell property, close accounts). No Letters can issue until DE-147 is filed.
Inventory and Appraisal (DE-160/DE-161): A formal list of the estate’s assets and their values, filed within 4 months of appointment. While not part of DE-147, the inventory is one of the duties outlined on page 1 of DE-147.
Creditor Claims: Debts or demands against the estate. Creditors have a set period to file claims, and the personal representative must notify them and pay valid claims from estate funds.
Probate vs. Trust: Probate involves court administration of assets owned solely in the decedent’s name. If assets were in a living trust, they often bypass probate entirely. DE-147 applies only to formal probate administrations.
Spousal Property Petition (DE-114): A simplified procedure for small estates between spouses. If eligible, spouses can skip full probate. Note: DE-147 is not used for these simplified filings because they are not full probate cases.
Intestate (No Will): When someone dies without a will. The personal representative is called an administrator, but they have the same duties. DE-147 applies to administrators just as it does to executors.

Understanding these terms clarifies why DE-147 and its related forms exist. For instance, knowing that a personal representative is a court officer explains why the acknowledgment is necessary.

Legal Context: California vs Federal Law

Probate and estate administration are governed by state law, not federal. The duties outlined in DE-147 come from the California Probate Code, and they can vary by state. For example, California has community property and elective share rules that affect estates, unlike many other states. The specific requirement to sign Form DE-147 is unique to California (Probate Code §8404). Other states may have similar acknowledgments, but not the same form.

Federal law mainly enters through taxes and benefits, not the probate process itself. For example, federal estate taxes (relevant for very large estates) are filed separately with the IRS and have no impact on DE-147. Federal courts do not handle probate matters; only California Superior Courts handle estates here. If a California resident owns property in another state, an ancillary probate in that state may be needed, but DE-147 is strictly part of the California probate case.

In short, if you’re dealing with a California probate, use California forms and law. The judge enforcing DE-147 is applying California law. Federal issues like Social Security, IRS filings, or federal trusts are separate steps outside of the DE-147 process.

Entity Relationships in Probate

Decedent → Estate: When someone dies (the decedent), their assets form an estate, a legal entity. The estate holds property until distribution.
Estate ↔ Court: The estate is under the supervision of the California Superior Court (Probate Division). The court oversees the administration of the estate’s assets and resolves disputes.
Personal Representative ↔ Court: The personal representative (executor/administrator) is an officer of the court. Their powers to act come from court-issued Letters. They report to the court (e.g., filing inventories, accounts).
Personal Representative ↔ Estate: The personal representative manages the estate. They collect assets, pay debts, and distribute what remains to heirs or beneficiaries according to the will or intestate law.
Personal Representative ↔ Creditors: If the estate has debts, creditors file claims. The PR must notify creditors and pay valid claims from estate funds.
Personal Representative ↔ Beneficiaries/Heirs: Those named in the will (beneficiaries) or related by law (heirs) receive the estate assets. The PR must keep them informed, usually by serving certain notices, and distribute the assets to them as required.
Beneficiaries ↔ Estate: Beneficiaries have a legal right to receive what the will (or law) entitles them to from the estate. They depend on the estate’s assets to get their inheritance.
Bond ↔ Personal Representative: If a bond is required, the PR obtains it from a surety. The bond protects the estate by ensuring the PR complies with duties (it can be called upon if misconduct occurs).
Attorney ↔ Personal Representative: Often, a personal representative hires an attorney to help with the paperwork. The attorney drafts and files documents (like petitions and DE-147), but the PR remains responsible for decisions and must personally sign acknowledgments like DE-147.
Probate vs. Trust: A living trust avoids probate for trust assets, so Form DE-147 is not used for trust administration. DE-147 applies only when the estate is going through court probate.
Multiple Executors (Co-Executors): If two executors are named, each has equal authority and responsibility. Each must sign their own DE-147. They typically must agree on major decisions (unless one resigns).
Intestate (No Will) Administrator: If there’s no will, someone (usually a close relative) is appointed administrator. DE-147 is the same form for administrators. The duties and form usage do not change whether there is a will or not.

These relationships show that DE-147 is essentially an agreement between the personal representative and the court. By signing it, the representative acknowledges their duties to all these parties (estate, heirs, creditors, court).

Common Probate Scenarios (Use Cases)

Below are three typical situations in California probate and how DE-147 is involved:

Scenario	DE-147 Requirement / Details
Will present, one executor – A decedent left a valid will naming a single executor.	The named executor files DE-111 (petition for probate) to open the estate. After appointment, that executor must complete and file Form DE-147 to acknowledge duties. The form is attached to the case file and ensures the executor formally agrees to manage the estate per the will.
No will (intestate), administrator appointed – A person dies without a will, so a close relative petitions to be administrator.	The court appoints the petitioner as administrator of the estate. Even without a will, the appointed administrator signs DE-147. The duties are the same as for an executor. DE-147 simply lists the required duties regardless of how the rep got the job (by will or by intestacy).
Multiple executors or co-administrators – A will names two executors (e.g., spouses), or the court appoints co-administrators (e.g., siblings).	Each co-executor/co-administrator must file their own DE-147. They jointly share estate management. DE-147 confirms each person’s acknowledgment of the duties. If one dies or steps down, the remaining rep still has the same duties under DE-147.

These scenarios show that Form DE-147 is required in all typical probate cases. Whether there’s a will or not, or whether one or multiple reps, the form’s role is the same: to legally bind the rep to follow probate rules.

Pros and Cons of Being a Personal Representative

For a fiduciary, acting as personal representative has clear benefits and drawbacks. The table below highlights why some accept or refuse this role:

Pros	Cons
You can carry out the decedent’s wishes and ensure fair distribution.	You have fiduciary liability: errors can be personally costly.
You gain insight into the estate and can recover debts owed.	The role involves significant responsibility: bookkeeping, filings, and deadlines.
The court provides structure and resources (like DE-147 outlines duties).	Probate can be time-consuming and costly (court fees, bond, attorneys).
You develop experience with legal processes that can help in future.	Tough decisions may be needed (e.g., selling assets, paying creditors).
(If a beneficiary) You help make sure the estate’s assets reach heirs.	(If not a beneficiary) The work may feel burdensome and emotional conflicts can arise.

In practice, many executors hire a probate attorney to help, but they remain responsible for decisions and compliance. DE-147 is your first reminder of these duties – it highlights both the authority and the burden of the position.

Avoid These Common Mistakes

Filing DE-147 correctly is crucial. Here are key mistakes to avoid:

Using the Wrong Form Version: Always download the latest DE-147 form from the California courts website. Submitting an outdated version (with the wrong revision date) will cause the clerk to reject it.
Incomplete Court Header: Do not leave the court name, branch address, or case number blank. Fill in the exact Superior Court county, branch location, and case number. A mismatch or omission here can delay processing.
Skipping the Acknowledgment: Failing to sign on page 2 is a fatal error. The signed acknowledgment section is mandatory. If it’s missing or signed incorrectly, the clerk cannot issue your Letters. Double-check that you signed under the correct lines.
Incorrect or Missing DE-147S: Check your local rules. If DE-147S is required and you file DE-147 without it, your appointment will be stalled. Always attach a filled DE-147S if your county demands it.
Handwriting Issues: Print clearly or type the form. If your signature is hard to read, print your name below it. Illegible names or numbers (especially in the case number field) can cause confusion and rejections.
Case Number Errors: Copy the case number exactly from your probate petition. A single typo can misroute the document.
Late Filing: Probate Code requires DE-147 before issuing letters. If you delay too long (e.g., past the hearing), inform the court. The judge may withhold signing the Letters until DE-147 is on file.
Overlooking Local Requirements: Some California counties have unique probate rules or additional forms. For example, a court might ask for a family tree chart or extra notices. Check local guidelines or ask the clerk to avoid surprises.
Mixing Up Roles: Only the person appointed (the executor/administrator) should sign DE-147. An attorney or someone else cannot sign on their behalf. If you have co-representatives, each must sign their own acknowledgment.
Failing to Read Duties: Not a filing error per se, but dangerous. Ignoring the duties listed on DE-147 invites trouble. Ensure you understand tasks like inventorying assets and notifying creditors, even if you hire help.

Following these tips and reviewing each section carefully will help you file DE-147 correctly the first time.

Frequently Asked Questions

1. Is Form DE-147 required for every probate case?
Yes, California law requires every newly appointed personal representative (executor or administrator) to file DE-147 before receiving letters. It’s part of the official appointment process.

2. Do I need an attorney to sign DE-147?
No, the personal representative (executor/administrator) must sign Form DE-147. An attorney can prepare the form, but cannot sign in place of the executor.

3. Can DE-147 be filed electronically?
Yes, many California courts allow e-filing of probate documents like DE-147, though some still require paper submissions. Always check your local court’s rules for e-filing procedures.

4. Is a bond required when filing DE-147?
No, DE-147 itself does not involve a bond. However, California law may require the personal representative to post a separate probate bond (unless waived in the will) depending on estate size. Bond requirements are handled in the petition process, not on DE-147.

5. Do co-executors each file a separate DE-147 form?
Yes, if two or more people are appointed as co-executors (or co-administrators), each must sign and file their own DE-147 acknowledgment. They share duties but each signs individually.

6. Can I submit DE-147 late if I missed the deadline?
No, DE-147 must be filed before the court issues Letters. If you miss the initial deadline, notify the court immediately. The judge may delay issuing Letters until DE-147 is properly on file.

7. Is DE-147S always required?
No, Form DE-147S is only required when a local court rule mandates it. It’s commonly requested in larger counties for background check purposes, but not mandatory in every California court.

8. Does the judge review the completed DE-147 form?
Yes, the judge (or court clerk) will review DE-147 to verify your signature and acknowledgment. The form must be approved before any Letters testamentary can be issued.

9. Is DE-147 the same as the loyalty oath?
No, DE-147 acknowledges the executor’s duties and liabilities. The Loyalty Oath is a separate oath affirming you will faithfully administer the estate. Both are required in probate, but they are different documents.

10. Can DE-147 be used for small estates?
No, DE-147 is specifically for formal probate cases. California has simplified small estate procedures for estates under a certain threshold (like an affidavit of successor). Small estate filings do not involve DE-147.

11. Do I need to provide copies of DE-147 to heirs or creditors?
No, DE-147 is filed only with the court. You do not send it to heirs or creditors. The court keeps it on record to show you acknowledged your duties.

12. Are there penalties for ignoring DE-147 duties?
Yes, if you fail to perform your duties (such as paying debts or keeping records), the court can remove you as personal representative or hold you financially responsible (surcharge you) and even reduce your statutory fees. DE-147 warns of these consequences.

13. Can someone appointed outside California use DE-147?
No, DE-147 is only for California probate. Other states have their own probate forms. An out-of-state executor of a California estate must still follow California’s probate process and use the required California forms.

14. Can DE-147 be filed with the petition for probate?
Yes, you can file DE-147 along with your DE-111 petition. The judge will review it at the appointment hearing. It only takes effect once you are officially appointed as the personal representative.

15. Can an attorney sign DE-147 for the executor?
No, only the personal representative (the executor or administrator) can sign Form DE-147. An attorney can help prepare the form, but the executor must personally acknowledge the duties.

16. Does signing DE-147 legally bind me to serve as executor?
Yes, signing DE-147 means you accept the appointment under California law. If you wish to refuse, you generally must renounce before filing DE-147 or petition the court to be relieved. After signing, you have fiduciary duties.

Related reading