Executors in California must be 18 years old and of sound mind. In-state and out-of-state executors are both allowed. As with other states, in California you'll first need to petition the court for letters testamentary to be empowered to act on behalf of the estate.
Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
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)
Because of time delays between the time of filing documents with the court and the hearing related to the subject matter of those documents (usually 60 to 90 days in the Riverside and San Bernardino County Probate Courts – much longer in the Probate Courts of Orange and Los Angeles Counties), as well as the mandatory ...
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.
Time Limits for Filing 120-day deadline: A petition for probate must typically be filed within 120 days of the decedent's passing. This step formally begins the probate process, allowing the court to appoint an executor or administrator to handle the estate.
Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
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.
File the case in the county where the person who died (the decedent) lived. If the decedent lived outside of California but died owning property in California, file the case in the California county where the decedent owned property.