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Notice of Petition to Administer Estate (DE-121) Also explains what a person receiving the notice should do if they do not agree with the petition. Get form DE-121.
If no one files probate for an individual who has died and owned assets in California, the court can freeze the decedent's assets, making them inaccessible to heirs and other beneficiaries until debts are paid.
A Petition for Probate of Will and for Letters of Administration with Will Annexed: This is what is filed if the person had a Will but did not name an executor. It is also used when the person named in the Will is either deceased or does not want to act as the executor.
Administrator with will annexed refers to a person appointed by a court to fill the role of an executor of a will when an executor is unspecified or unavailable. The administrator takes on all the legal responsibilities and powers of an executor in administering the will.
Probate of Will in Solemn Form / Letters of Administration with Will Annexed. If there is a will but the named executor(s) is (are) either unable or unwilling to serve, an administrator with will annexed must be appointed, also termed an administrator cum testamento annexo.