Open a case. You (the person who starts the case) are called the “petitioner." You must file forms with the court to “open probate.” You file a Petition for Probate (form DE-111) along with other court forms. File the case in the county where the person who died (the decedent) lived.
Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
Per California probate code section 16063, an accounting should include the following information for the last fiscal year of the trust or the time since a trustee last prepared and provided an accounting: A statement of all receipts and disbursements of principal and income. A statement of assets and liabilities.
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)
You can complete probate on your own, but an attorney can make the process easier.
Steps to Write a Will if You Live in California Select the Assets to Include. Identify and list all the assets that you want to distribute through your will. Name Your Beneficiaries. Assign a Guardian for Children. Choose an Executor. Create Your Will. Sign the Will with Witnesses Present. Secure Your Will.
The decedent's original Will should be delivered to the Court of the County in which the estate of the decedent may be administered. Most commonly, this will be the County where the decedent resided at the time of death. This Court requires that the original Will be submitted on a stiff backing.
The Executor is normally nominated in the Will but it is the court who formally appoints the Executor after a noticed hearing. See our article on Probate. 2. If no Executor is nominated in the Will, the court appoints an “Administrator” who performs the same function, usually a relative.
California law requires that a will be filed (“lodged”) with the court. The will's custodian (the person who has the will) is responsible for making sure the will is lodged with the court within 30 days of the willmaker's death. The reason for this is to make sure the will isn't lost.
In California and most states, a will is filed with the court during probate, so it's public. But if probate hasn't been started, the will is private, usually held by the executor or the deceased's attorney.