California Order for Probate

No. Many estates don't need to go through this process. If there's only jointly-owned property and money which passes to a spouse or civil partner when someone dies, probate will not normally be needed. If you're not sure whether probate is necessary, seek advice from HM Revenue & Customs (HMRC).

Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so. Creditors can open an estate. Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition.

Probate is initiated by filing a petition with the California Superior Court in the county in which the deceased individual lived at the time of their death. This is done, in part, to request a court hearing to appoint an estate representative. An original of the will, if there is one, must be filed with the petition.

1To do this, you must file a Petition for Probate (form DE-111.2NOTE: If there is no will and a court case is needed, the court will appoint an administrator to manage the estate during the probate process.Estates That May Need Formal Probate- California Courts\nwww.courts.ca.gov >

You can fill in the probate application form 'PA1P' yourself, or call the probate and inheritance tax helpline to get help filling in the form.

Applying for probate in New South Wales All applications must be filed at the Supreme Court of New South Wales Registry, either in person or by post. The application must be accompanied by supporting documents including the will and death certificate, as well as an application fee.

Probate will always be necessary if the deceased died owning real estate except if it is owned as joint tenants (see If the deceased owned property with someone else in the After the Grant of Probate or Letters of Administration chapter).