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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.
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 must obtain the form used by the probate court in the county where the deceased was a resident. You can obtain it in person or by accessing your court's self-help center online and downloading the form there. Follow the instructions on the form to complete it.
California Small Estate Affidavit: Instructions 2023 This document allows a petitioner to transfer the unclaimed property of a deceased if the petitioner is entitled to the deceased's assets ing to Section 13101 of the California Probate Code.
All persons or entities (such as churches or other charities) named in the Will, including each person or corporation nominated as executor, and all persons who would be entitled to inherit as heirs by intestate succession (even if the decedent left a Will) are entitled to receive notice of the Petition for Probate.
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. Effective: January 1, 2013. View DE-121 Notice of Petition to Administer Estate form.
The petition requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will allow the personal representative to take many actions without obtaining court approval.
What Qualifies as a Small Estate? ing to the California probate code §§890, 13000 - to be considered a small estate and avoid probate, the total value of all real property and personal property cannot exceed $184,500.