Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
Certain legal processes go into motion in California to deal with the estate of a person who has died and left behind a will or trust. For instance, California probate code provides that beneficiaries of a trust must be notified by the trustee within 60 days of the trustor's death.
Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of the following: (a) Each known devisee whose interest in the estate would be affected by the proposed action. (b) Each known heir whose interest in the estate would be affected by the proposed action.
However, not just anyone can file to open probate. In the state of California, the probate petition is ideally filed by the Executor named in the Will. If a Will or an Executor is unavailable, then a relative or valid beneficiary of the decedent can also file the petition.
Under California law, the entire world must be notified when probate begins in California, and it is the named executor's job to do so, or the person filing to open probate.
Before we give you tips on finding obituaries, it's worth noting that obituaries aren't legally required.