How to Fill Out Notice of Petition to Administer Estate
Once you file the Probate Petition in court you will be given a hearing date. You need to fill out form DE-121 and provide notice of the hearing date to certain required parties via mail and also publish the notice in a local newspaper of general circulation in the city where the decedent lived at the time of death. Lets get started on how fill out and file this form.
First Box-Attorney or Party Without Attorney
- Fill out the information the same as what you filled out on your Petition for Probate form DE-111. Look at the information you filled out on DE-111 and fill this section in.
Second Box-Superior Court of California, County of
- Fill out the information the same as what you filled out on your Petition for Probate form DE-111. Look at the information you filled out on DE-111 and fill this section in.
Third Box- Estate Of
- Fill out the information the same as what you filled out on your Petition for Probate form DE-111. Look at the information you filled out on DE-111 and fill this section in.
Fourth Box- Notice of Petition to Administer Estate of:
- Fill out the information the same as what you filled out on the Third Box and fill in the same information.
Fifth Box-Case Number
- Fill in the case number by looking at the Probate Petition you filed and the case number that was assigned to the petition.
Questions on Notice of Petition to Administer Estate
Lets gets started on answering and filling in the questions on the Notice.
Question 1
- List the decedents legal name and any other “aka” names they were known by.
Question 2
- List the name of petitioner and the county it was filed in.
Question 3
- List the name of the person that is being requested to be appointed as personal representative.
Question 4
- Only Mark this box if you have a will or codicil of the decedent. Do not mark this box if the decedent died without a will.
Question 5
- Mark this box if you have requested in the Probate Petition that the estate be administered under the Independent Administration of Estates Act. Look at your Probate Petition to determine this.
Question 6
- (a) Hearing Date Information: Fill out the date, time, Dept, Room of hearing date based on the date assigned by the court clerk
- (b) Address of court: Mark the box for same as above if the address of the court is the same as the address you filled out in Box 2. If different Mark other and fill out the address information.
Question 7, 8, 9
- These sections provide information to the parties you are informing of their right to object to the petition and how they can object. They also provide information on receiving special notice and examining the file kept by the court.
Question 10
- Mark Petitioner if you are not represented by an attorney. List your address and telephone in this section.
Proof of Service
The notice of petition must be served via first class mail to all interested parties, beneficiaries, and heirs. The notice cannot be served by the petitioner or an interested party. You must have a party who does not have any interest in the estate mail a copy of the Notice of Petition to Administer Estate and a copy of the Probate Petition and documents. Have the person who mailed the documents complete the items below:
- 2. Their residence or business address
- 3. How they served the Notice:
- Mark a. or b. Generally individuals who mail documents mark a. The option for b generally pertains to businesses that mail documents.
- 4 a. Date mailed and b. Placed mailed .
- List the date mailed and the city and state it was mailed from.
- 5. Mark this box once the Notice is mailed with a copy of the Probate Petition. This box does not need to be marked if you do not want to mail a copy of the Probate Petition.
- Sign and print your name below the declaration and date the document.
Name and Address of Each Person Whom Notice Was Mailed
- Use the names and addresses that were listed in Item 8 of your Probate Petition to provide Notice of Petition and a Copy of the Probate Petition. List these names and addresses in this section.
Once this is completed you must file the Notice of Petition to Administer Estate with the Proof of Service with the court. For instructions on mailing and publication of Notice go to: How to Give Notice of Probate Petition in California