State statute
San Diego — Decedent’s Estate Packet PKT-057 (Rev: 12/25)
California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.
- Edition
- 2026-09-26
- Last updated
- 2026-09-27
- Jurisdiction
- San Diego County
San Diego — Decedent’s Estate Packet PKT-057 (Rev: 12/25)¶
Source: https://sdcourt.ca.gov/sites/default/files/sdcourt/generalinformation/forms/probateforms/pkt057.pdf
Sparse pages use OCR; original PDF remains authoritative.
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN DIEGO
DECEDENT’S ESTATE
PACKET
FORMS INCLUDED IN THIS PACKET
Probate Timeline (Decedent's Estate) SDSC Form #PR-195
General Information for Self-Represented Litigants (Decedent's Estate) SDSC Form #PR-193
Petition for Probate (Probate-Decedents Estates) Judicial Council Form #DE-111
Attachment to Initial or Competing Petition for Probate SDSC Form #PR-198
Waiver of Bond by Heir or Beneficiary (Probate-Decedents Estates) Judicial Council Form #DE-142/DE-111(A-3e)
Duties and Liabilities of Personal Representative (Probate) Judicial Council Form #DE-147
Proof of Subscribing Witness (Probate) Judicial Council Form #DE-131
Proof of Holographic Instrument (Probate) Judicial Council Form #DE-135
Notice of Petition to Administer Estate (Probate - Decedents' Estates) Judicial Council Form #DE-121
Response to Probate Notes SDSC Form #PR-177
Order for Probate Judicial Council Form #DE-140
Letters (Probate) Judicial Council Form #DE-150
Inventory and Appraisal Judicial Council Form #DE-160/GC-040
Notice of Administration to Creditors (Probate-Decedents' Estates) Judicial Council Form #DE-157
Allowance or Rejection of Creditor’s Claim (Probate-Decedents' Estates) Judicial Council Form #DE-174
First and Final Report of Personal Representative & Petition for Final Distribution SDSC Form #PR-165
Notice of Hearing – Decedent’s Estate or Trust Judicial Council Form #DE-120
Ex Parte Petition for Final Discharge and Order (Probate-Decedents' Estates and Conservatorships Judicial Council Form #DE-295/GC-395
and Guardianships)
PKT-057 (Rev. 12/25)
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Probate Timeline (Decedent’s Estate) Note: This is an approximate timeline of the Probate process and is not intended to cover every scenario a personal representative may encounter. The entire process can take between 9 months to 1 ½ years, or longer. It is your responsibility to research and determine which tasks apply to your specific circumstances. For more complex estates or estates that might be challenged or contested it may be best to seek legal representation.
Within Within Accounting Petition for Close the Date of Death Before Hearing 90 Days 4 Months & Final Probate Estate
After Hearing After Hearing Distribution
Approximate Brief Description of Required Action: Deadlines:
Gather information regarding assets, heirs/beneficiaries, creditors, and determine who will be the personal After Death □ representative. □ WithinDate of30Deathdays from Ifthedecedentdecedenthadmaya Will,be administered.deliver the original(s) to the clerk of the Superior Court of the County in which the estate of Complete and file Petition for Probate (JC Form #DE-111); *Waiver of Bond by Heir or Beneficiary (JC Form #DE-111(A-3e); Duties and Liabilities of Personal Representative (JC Form #DE-147); *Proof of Subscribing Petition for Probate □ Witness (JC Form #DE-131); *Proof of Holographic Instrument (JC Form #DE-135). * Forms may not be applicable. □ 3Dateweeks before Hearing SubmitBond, ifProposedapplicable.Order for Probate (JC Form #DE-140); Proposed Letters (Probate) (JC Form #DE-150); and □ WithinHearing15Datedays from Publishproofs ofandservice.serve the Notice of Petition to Administer Estate (JC Form #DE-121). File proof of publication and □ WithinHearing2 Dateweeks from ReviewResponseProbateto ProbateNotesNoteson theformcourt’s(SDSCwebsite.FormCorrect#PR-177).defects. Some defects may be corrected by clarifying on a □ Withinissuance90 ofdaysLettersfrom SendVictimsnoticeCompensationto any applicableBoard. public agencies, such as Franchise Tax Board; Department of Health Services; □ Withinissuance90 ofdaysLettersfrom Consultnecessarya licensedState andtaxFederalprofessionaltax returns.concerning duty to obtain a tax identification number from the IRS and file all □ Withinissuance4 monthsof Lettersfrom Preparefor Probate,an Inventoryfor completion& Appraisalof the valuation(JC Form of#DE-160)the estate.and send to the Probate Referee appointed on the Order □ Withinissuance4 monthsof Lettersfrom Prepareascertainableand creditorsmail Noticeof theof decedent.Administration to Creditors (JC Form #DE-157) to both known and reasonably Within 30 days of Complete and file an Allowance or Rejection of Creditor’s Claim (JC Form #DE-174), for each Creditor’s Claim receipt of Creditor’s received. □ Claim Within 1-1½ years Prepare and file a final accounting or waiver of final accounting and petition for final distribution. This may be from issuance of filed on pleading or by completing First and Final Report of Personal Representative & Petition for Final □ Letters Distribution (SDSC Form #PR-165).
Within 15 days from Serve and file the Notice of Hearing (Decedent’s Estate or Trust) (JC Form #DE-120). □ Hearing Date
□ WithinHearing2 Dateweeks from ReviewResponseProbateto ProbateNotesNoteson theformcourt’s(SDSCwebsite.FormCorrect#PR-177).defects. Some defects may be corrected by clarifying on a
After Hearing Distribute assets to heirs/beneficiaries, as approved by court, and obtain signed receipts for filing with the court. □
Within 30 days after Complete and file the Ex Parte Petition for Final Discharge and Order (JC Form #DE-295). □ Hearing
SDSC PR-195 (New 6/23) PROBATE TIMELINE Page 1 of 1 Informational Form (DECEDENT’S ESTATE)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS (DECEDENT’S ESTATE)
This document provides information intended to answer general questions a self-represented litigant may have about decedent’s estate. This is not a complete reference or procedural guide, nor is it intended to take the place of legal advice from an attorney. It is your responsibility to read and comply with the applicable laws, use current forms, and be prepared to present your case.
What is a Decedent’s Estate? A Decedent’s Estate refers to all property left behind when a person dies. Probate is one way someone can obtain legal permission to manage a decedent's property. In a probate case, an executor (if there is a Will) or an administrator (if there is no Will) is appointed by the court as a personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the heirs or beneficiaries under the supervision of the court. The entire case may take between nine months to one and a half years, or longer.
Probate is commonly used when a decedent's estate value exceeds $208,850.00*. However, exceptions may exist depending on whether the decedent was survived by a spouse or registered domestic partner, or the type of assets in the estate. These exceptions may allow you to achieve the same result of a formal Probate, but through a more simplified process, listed below.
Court Procedures: Non-Court Procedures: Spousal or Domestic Partner Property Petition Affidavit for Collection of Property without Probate (JC Form #DE-221) (SDSC Form #PR-132)
If the surviving spouse/partner is legally entitled to all the property, If you have the legal right to inherit personal property, such as a Petition for Probate may not be required. For example, a couple money in a bank account or stocks, and the estate is worth that was married for decades may only own “community property,” $208.850.00 or less*, you may not have to go to court. The form which belongs to the surviving spouse/partner and is confirmed by listed above is a simplified process you can use to transfer the the court in the spousal property petition case. This form may be property to your name. This process CANNOT be used for real found on the Judicial Council’s website at property. This form may be found on the court’s website at www.courts.ca.gov/forms. www.sdcourt.ca.gov.
Petition to Determine Succession to Primary Affidavit for Transfer Without Probate California Titled Residence (JC Form #DE-310) Vehicle or Vessels Only (DMV Form #REG 5) If the estate is $750,000 or less*, it may not have to go through To transfer title of vehicles or vessels belonging to the decedent, the probate process. The successor to an interest in real property, a formal probate is not needed. This may be completed directly may file a petition requesting a court issue an order determining through the California Department of Motor Vehicles (DMV). This that they have succeeded to that real property. This form may be form may be found on the DMV’s website at www.dmv.ca.gov. found on the Judicial Council’s website at www.courts.ca.gov/forms. Affidavit re: Real Property of Small Value Transfer of Mobile or Manufactured Home (JC Form #DE-305) For information and links to the forms needed for transferring a mobile or manufactured home, visit the California Department of Real property valued at $69,625.00 or less* may be transferred Housing and Community Development website at without a formal probate. If you need a marketable title to the www.hcd.ca.gov. property, a certified copy of the filed form may be recorded with the County Recorder of the county where the real property is located. This form may be found on the Judicial Council’s website at www.courts.ca.gov/forms. *On April 1, 2022, and at each three-year interval ending on April 1 thereafter, the dollar amounts shall be adjusted based on the Consumer Price Index for All Urban Consumers. Adjustments do not apply when the decedent’s death preceded the date of adjustment. Refer to the Maximum Values for Small Estate Set-Aside & Disposition of Estate Without Administration (JC Form #DE-300) to determine the maximum value based on the decedent’s date of death.
SDSC PR-193 (Rev. 4/25) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 1 of 4 Informational Form (DECEDENT’S ESTATE)
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Need legal advice? The court does not provide legal advice or offer assistance with completing these forms. It is your responsibility to do the research and determine which process would be best for your specific circumstances. For more complex estates or estates that may be challenged or contested it may be best to seek legal counsel. If you need help locating an attorney in San Diego County, you may contact the Lawyer Referral & Information Service of the San Diego County Bar Association at their website www.sdcba.org or by calling (619) 231-8585. What do I have to file to start an Estate proceeding? To open an estate proceeding, you first must file a petition and other forms with the court. You must fill out the following forms, available in the Probate Business Office and on the court’s website at www.sdcourt.ca.gov:
Included in the Decedent’s Estate Packet (SDSC #PKT-057): Petition for Probate (Probate-Decedent’s Estate) (JC Form #DE-111) Attachment to Initial or Competing Petition for Probate (SDSC Form #PR-198) (Mandatory form, effective 03/01/2024) Waiver of Bond by Heir or Beneficiary (JC Form #DE-142/DE-111(A-3e))* Duties and Liabilities of Personal Representative (Probate) (JC Form #DE-147) Proof of Subscribing Witness (JC Form #DE-131)* Proof of Holographic Instrument (JC Form #DE-135)* *Forms may not be applicable.
Did the decedent have a last will and testament? If the decedent had a Will, then they are deemed to have died testate. The Will dictates who the beneficiaries are, as well as who might be appointed as the personal representative of the estate. The original Will and any Codicils (amendments to the Will) must be deposited with the court when an estate proceeding is commenced. A manuscript cover, or stiff backing, is required, as well as a fee for storage of the Will. A copy of the Will and any Codicils must be attached to the Petition for Probate. If the decedent died without a Will, then they are deemed to have died intestate. The Probate Code dictates the line of succession of heirs to which the decedent’s estate will pass.
What do I have to do after I fill out the forms? You may file your documents by choosing one of the following options:
E-Filing: www.sdcourt.ca.gov/sdcourt/onlineservices/efiling Refer to Electronic Filing Requirements (Probate) (SDSC Form #PR-188)
In Person or by Mail (You will need the original documents and one copy): Superior Court of California, County of San Diego Probate Business Office, Room 330 1100 Union Street San Diego, CA 92101 Helpful Tips: If e-filing, scanned documents must be in PDF format and must be text searchable (i.e., optical character recognition (OCR)). If e-filing, the original Will must be mailed or dropped off in the Probate Business Office with reference to the filed Petition for Probate (i.e., e-filing transaction number or case number). If filing in person or by mail, a copy of each completed form must be provided. If filing by mail, a self-addressed, stamped envelope must be provided for conformed copies to be returned.
Is there a fee to file a Petition for Probate? Yes. The current fee amounts may be found on the court’s Fee Schedule (SDSC Form #ADM-001), available in the Probate Business Office and on the court’s website at www.sdcourt.ca.gov.
What if I don’t have enough money to pay the fee? If you cannot afford the fees, you can request a fee waiver from the court. All the required forms are included in the Fee Waiver Packet (SDSC PKT #010) which is available in the Probate Business Office and on the court’s website at www.sdcourt.ca.gov (select Probate, then Forms). If your request is granted, all court related fees will be waived.
SDSC PR-193 (Rev. 4/25) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 2 of 4 Informational Form (DECEDENT’S ESTATE)
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BEFORE THE HEARING: Publication and Notice Requirements: The Notice of Petition to Administer Estate (JC Form #DE-121) must be published in a newspaper circulated in the city where the decedent lived at the time of death. All persons or entities (such as charities) named in the Will, including each person 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. Publication: A copy of the Notice of Petition to Administer Estate must be published three times in the legal notice section of a newspaper of general circulation in the city where the decedent resided. Refer to List of Approved Newspapers for Publication of Legal Notices (SDSC Form #ADM-335).The first publication date must be at least 15 days prior to the hearing with at least five days between the first and last publication (not counting the publication dates). After publication has been completed, an Affidavit of Publication must be filed with the court. Ask the newspaper whether it will file the Affidavit directly with the court or send it to you. It is your responsibility to make sure that the Affidavit is filed, even if the newspaper says they will do it for you. Notice Requirements: Notice must be given by first class mail or by personally delivering a copy to each person or entity entitled to notice at least 15 days prior to the hearing. Each person should receive a copy of the "Notice of Petition to Administer Estate" showing the hearing date information. It is also recommended (but not required) that each person be sent a copy of the Petition for Probate with all attachments. Note: If you are the person who is asking to be appointed as personal representative, you cannot mail the copies but must have someone else who is not a party mail the documents for you. After the copies have been mailed or delivered, the person who mailed the documents must complete and sign the Proof of Service by Mail on the reverse side of the Notice of Petition to Administer Estate. Order, Letters, and Bond, if applicable: A proposed Order for Probate and Letters should be submitted prior to the hearing, so that they may be reviewed by the probate examiner. If submitted by e-filing, an electronic copy will be returned via email after the hearing, if an email address was provided. If submitted in person or by mail, a self-addressed stamped envelope must be submitted, in addition to copies for conforming and return after the hearing. If a bond is required, the original must be submitted to the court. Bonds are not eligible of e-filing. Order for Probate (JC Form #DE-140): The order appoints the personal representative of the estate and lists the powers and responsibilities granted. Letters (Probate) (JC Form #DE-150): This form serves as the oath of office for the personal representative and may be given to anyone who needs proof that you have been appointed as the personal representative and have authority to act on behalf of the estate. Letters expire 18 months from the date of issuance. Bond: A bond is required of all personal representatives to protect interested persons, including beneficiaries and creditors, against the wrongdoing of the personal representative. A bond is not required if the Will waives the bond requirement, or if all beneficiaries sign a waiver of the bond requirement. The court will ordinarily require a non- resident personal representative to file a bond even if the Will waives bond. If a bond is required, the amount of the bond will be fixed based on the estimated value of the decedent's estate. Probate Examiner Notes: Before the court hearing date, a probate examiner will review the filings submitted and make notes for the judge. These notes are referred to as “probate notes.” A copy of the probate notes will be available on the online Register of Actions on the court’s website at www.sdcourt.ca.gov (select Online Services and then Access Court Records) about two weeks prior to the hearing. If there are defects (things that are missing and/or corrections to be made), they will be noted by the probate examiner. Ordinarily the defects need to be corrected before the petition will be granted by the judge. Some defects may be corrected by providing an explanation on a Response to Probate Notes form (SDSC Form #PR-177). Contact the probate examiner listed on your probate notes for information on how to correct defects. All corrections must be made at least four court days before the hearing. If defects are noted and have not been corrected before the hearing date, the court may continue the hearing to a later date to allow time to correct the defects. The probate examiners can be contacted by phone or email. Instructions are available on the court’s website at www.sdcourt.ca.gov (click on the Probate tab, then Examiner Notes).
SDSC PR-193 (Rev. 4/25) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 3 of 4 Informational Form (DECEDENT’S ESTATE)
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AFTER THE HEARING:
Probate Referee and Inventory & Appraisal: At the time of appointment of the personal representative, the Court designates on the Order for Probate the name and contact information for the probate referee to be used in that estate to appraise the total value of the assets. Probate referees are qualified appraisers who have passed stringent education and testing requirements and are appointed by the California State Controller's Office to act as probate referees for each county. As personal representative, you must complete and sign the front side of the Inventory and Appraisal form (JC Form #DE-160), leaving the line for "Total Appraisal by Referee" blank, but otherwise answering each section. You must send the form to the appointed probate referee for completion.
Notice to Creditors and Allowance or Rejection of Creditors’ Claims: As personal representative, you have a duty to notify both known and reasonably ascertainable creditors of the death of the decedent and that you have been appointed as personal representative. Complete and mail the Notice of Administration to Creditors (JC Form #DE-157).
In addition, you are required to notify the Franchise Tax Board of the decedent’s death. The Department of Health Services must also be notified, if you know or have reason to believe that the decedent received Medi-Cal health benefits or was the surviving spouse of a person who received Medi-Cal health benefits. If an heir or beneficiary is currently incarcerated or was formerly incarcerated, the California Victim Compensation Board must be notified. If income was earned by the decedent prior to death, personal income state and federal taxes may need to be filed. If you are unsure, discuss your case with a lawyer or Certified Public Accountant.
If a creditor files a Creditor's Claim (JC Form #DE-172), you must review the claim carefully and either allow or reject the claim, in whole or in part, in writing, within 30 days of receiving the claim. Complete the Allowance or Rejection of Creditor's Claim form (JC Form #DE-174). Mail a copy of the Allowance or Rejection of Creditor's Claim form to the creditor. File the original Allowance and Rejection of Creditor's Claim with a copy of the Creditor's Claim attached. If certain criteria are met, the court will also review and either approve or reject the claim.
Final Accounting or Waiver of Final Accounting and Petition for Distribution of Assets: The personal representative is required to bring the estate to a close within one year after Letters are issued (or 18 months if a federal estate tax return is required). Before the estate can be closed, the personal representative must file a final account, report, and petition for final distribution. The petition will be set for hearing and notice of the hearing to interested persons must be given by completing a Notice of Hearing (Decedent’s Estate or Trust) (JC Form #DE-120). This petition may be prepared in pleading format, or local form, First and Final Report of Personal Representative & Petition for Final Distribution (SDSC Form #PR-165) may be used.
Ex Parte Petition for Final Discharge and Order: Once the court approves the Petition for Final Distribution, you may begin to distribute property to persons entitled to receive said property from the estate. Each person must sign a receipt and all receipts must be filed with the court. Receipts must be prepared on pleading. After distribution is complete, you must request that the court discharge you as the personal representative and exonerate the bond, if one was posted. This can be accomplished by completing and filing an Ex Parte Petition for Final Discharge and Order (JC Form #DE-295/GC-395). There is no fee for filing and this is not set for hearing. Once signed by the judge, the administration of the is estate is complete.
SDSC PR-193 (Rev. 4/25) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 4 of 4 Informational Form (DECEDENT’S ESTATE)
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DE-111 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE OF (name): DECEDENT PETITION FOR CJ Probate of D Lost Will and for Letters Testamentary CASE NUMBER: D Probate of CJ Lost Will and for Letters of Administration with Will Annexed D Letters of Administration D Letters of Special Administration D with general powers HEARING DATE AND TIME: DEPT.: D Authorization to Administer Under the Independent Administration of Estates Act D with limited authority
- Publication will be in (specify name of newspaper): a. CJ Publication requested. b. CJ Publication to be arranged.
- Petitioner (name each):
requests that a. D decedent's will and codicils, if any, be admitted to probate. b. (name): be appointed (1) D executor (2) D administrator with will annexed (3) CJ administrator (4) CJ special administrator CJ with general powers and Letters issue upon qualification. c. D full D limited authority be granted to administer under the Independent Administration of Estates Act. d. (1) D bond not be required for the reasons stated in item 3e. (2) D $ bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob. Code, § 8482.) (3) D $ in deposits in a blocked account be allowed. Receipts will be filed. (Specify institution and location):
a. Decedent died on (date): at (place): (1) CJ a resident of the county named above. (2) D a nonresident of California and left an estate in the county named above located at (specify location permitting publication in the newspaper named in item 1):
b. D Decedent was a citizen of a country other than the United States (specify country): c. Street address, city, and county of decedent's residence at time of death (specify):
Pa e1of4
Form Adopted for Mandatory Use PETITION FOR PROBATE Probate Code,www.courts.ca.gov§§ 8002, 10450;Judicial Council of California DE-111 [Rev. July 1, 2017] (Probate-Decedents Estates)
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DE-111 ESTATE OF (name): CASE NUMBER: DECEDENT 3. d. Character and estimated value of the property of the estate (complete in all cases): (1) Personal property: $ (2) Annual gross income from (a) real property: $ (b) personal property: $ (3) Subtotal (add (1) and (2)): $ (4) Gross fair market value of real property: $ (5) (Less) Encumbrances: ($ ) (6) Net value of real property: $ (7) Total (add (3) and (6)): $ e. (1) [-] Will waives bond. [__] Special administrator is the named executor, and the will waives bond. (2) [-] All beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment 3e(2).) (3) [] Allheirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).) (4) [] Sole personal representative is a corporate fiduciary or an exempt government agency. f. (1) [] Decedent died intestate. (2) [] Copy of decedent's will dated: [] codicil dated (specify for each): are affixed as Attachment 3f(2). (Include typed copies of handwritten documents and English translations of foreign- language documents.) [] The will and all codicils are self-proving (Prob. Code, § 8220). (3) [-] The original of the will and/or codicil identified above has been lost. (Affix a copy of the lost will or codicil or a written statement of the testamentary words or their substance in Attachment 3f(3), and state reasons in that attachment why the presumption in Prob. Code, § 6124 does not apply.) g. Appointment of personal representative (check all applicable boxes): (1) Appointment of executor or administrator with will annexed: (a) [__] Proposed executor is named as executor in the will and consents to act. (b) [] No executor is named in the will. (c) [] Proposed personal representative is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(1)(c).) (d) [] Other named executors will not act because of [] death [] declination [-] other reasons (specify): [] Continued in Attachment 39(1)(d). (2) Appointment of administrator: (a) [] Petitioner is a person entitled to Letters. (If necessary, explain priority in Attachment 39(2)(a).) (b) [] Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 39(2)(b).) (c) [__] Petitioner is related to the decedent as (specify): (3) [-] Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 39(3).) (4) [-] Proposed personal representative would be a successor personal representative. h. Proposed personal representative is a (1) [-] resident of California. (2) [-] nonresident of California (specify permanent address): (3) [_] resident of the United States. (4) [__] nonresident of the United States. DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE Page 2 of 4 (Probate—Decedents Estates)
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DE-111 ESTATE OF (name): CASE NUMBER: DECEDENT 4. [] Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act. 5. a. Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8)) (1) [-] spouse. (2) [-] no spouse as follows: (a) [] divorced or never married. (b) [-] spouse deceased. (3) [] registered domestic partner. (4) [-] no registered domestic partner. (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.) (5) [] child as follows: (a) [] natural or adopted. (b) [-] natural adopted by a third party. (6) [-] no child. (7) [-] issue of a predeceased child. (8) [] no issue of a predeceased child. b. Decedent [] was [] wasnot _ survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, § 6454.) 6. (Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no spouse, registered domestic partner, or issue. (Check the first box that applies): a. Decedent was survived by a parent or parents who are listed in item 8. Decedent was survived by issue of deceased parents, all of whom are listed in item 8. Decedent was survived by a grandparent or grandparents who are listed in item 8. Decedent was survived by issue of grandparents, all of whom are listed in item 8. Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. Decedent was survived by next of kin, all of whom are listed in item 8. Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of whom are listed in item 8. h. [] Decedent was survived by no known next of kin. 7. (Complete only if no spouse or issue survived decedent.) OOOO a. [] Decedent had no predeceased spouse. b. [] Decedent had a predeceased spouse who (1) [-] died not more than 15 years before decedent and who owned an interest in real property that passed to decedent, (2) [-] died not more than five years before decedent and who owned personal property valued at $10,000 or more that passed to decedent, (If you checked (1) or (2), check only the first box that applies): (a) [] Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. (b) [] Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8. (c) [] Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8. (d) [] Decedent was survived by next of kin of the decedent, all of whom are listed in item 8. (e) [__] Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8. (3) [-] neither (1) nor (2) apply. 8. Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether living or deceased; (2) all persons named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the trustee and personal representative are the same person. DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE Page 3 of 4 (Probate—Decedents Estates)
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DE-111 ESTATE OF (name): ''" ......., DECEDENTI I
Name and relationship to decedent Age Address
D Continued on Attachment 8. 9. Number of pages attached:----
Date: (TYPE OR PRINT NAME OF ATTORNEY) ► (SIGNATURE OF ATTORNEY)*
• (Signatures of all petitioners are also required. All petitioners must sign, but the petition may be verified by any one of them (Prob. Code,§§ 1020, 1021; Cal. Rules of Court, rule 7.103).)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: (TYPE OR PRINT NAME OF PETITIONER) ► (SIGNATURE OF PETITIONER) (TYPE OR PRINT NAME OF PETITIONER) ► (SIGNATURE OF PETITIONER) Signatures of additional petitioners follow last attachment.
DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE Page4 of 4 (Probate-Decedents Estates
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ESTATE OF CASE NUMBER
ATTACHMENT TO INITIAL OR COMPETING PETITION FOR PROBATE
Advisal of Publication and Notice Requirements:
Publication: A copy of the Notice of Petition to Administer Estate (JC Form #DE-121) must be published three times in the legal notice section of a newspaper of general circulation in the city where the decedent resided. The first publication date must be at least 15 days prior to the hearing with at least five days between the first and last publication (not counting the publication dates), with proof of same being filed with the court (Prob. Code, § 8120, et seq.).
Notice Requirements: A copy of the Notice of Petition to Administer Estate (JC Form #DE-121) showing the hearing date must be given to each person or entity entitled to notice by mail or personal delivery at least 15 days prior to the hearing, with proof of same being filed with the court (Prob. Code, § 8110, et seq.).
Having read the above-referenced publication and notice requirements, I hereby request a hearing date, as follows:
Within 15-30 days from date of filing.
Within 30-45 days from date of filing.
Probate Examiner Notes: If the publication and notice or other requirements are not met before the hearing date, the Probate Examiner will enter this as a “defect” on the Probate Examiner Notes. If defects are not corrected before the hearing date, the hearing may be continued to a date exceeding 45 days from the initial hearing date.
Parties are encouraged to review the Probate Examiner Notes and correct any defects with the Probate Examiner at least four court days before the hearing date (SDSC 4.3.3.E & 4.3.3.O) to avoid excessive delays in estate proceedings. A copy of the Probate Examiner Notes will be available two to three weeks prior to the hearing and can be found on the court website at www.sdcourt.ca.gov (click on the Probate tab, then Examiner Notes).
I declare under penalty of perjury under the laws of the State of California that I have read the foregoing and confirm the choice made above.
Date:
Type or print name Signature of Petitioner
SDSC PR-198 (New 1/24) ATTACHMENT TO INITIAL OR COMPETING PETITION FOR PROBATE Prob. Code, § 8003
Mandatory Form
Page 12¶
DE-142/DE-111 (A-3e ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE OF (Name): ,DECEDENT WAIVER OF BOND BY HEIR OR BENEFICIARY CASE NUMBER: D Attachment 3e to Petition for Probate*
NOTICE: READ PARAGRAPHS A-G BEFORE YOU SIGN
A. A bond is a form of insurance to replace assets that may be mismanaged or stolen by the executor or administrator (the estate's personal representative). The cost of the bond is paid from the assets of the estate. B. A bond may not be required if the decedent's will admitted to probate waives a bond and the court approves. C. If the decedent's will does not waive bond, or if the decedent died without a will, the law ordinarily requires the personal representative to give a bond approved and ordered by the court. However, all persons eligible to receive a share of the estate may waive the requirement of a bond. If they all waive bond and the court approves, the personal representative will NOT have to give a bond. D. If bond is not ordered by the court, and the estate suffers loss because the personal representative fails to properly perform the duties of the office, the loss or some part of it may not be recoverable from the personal representative. If so, your share of the estate may be partly or entirely lost. E. You may waive the requirement of a bond by signing this form and delivering it to the petitioner for appointment of a personal representative or to the petitioner's attorney. Your waiver cannot be withdrawn after the court appoints the personal representative without requiring a bond. However, if you sign a waiver of bond, you may later petition the court to require a bond. F. A guardian ad litem or other legal representative with specific authority under law to waive bond must sign for a minor, an incapacitated person, an unascertained beneficiary, or a designated class of persons who are not ascertained or not yet in being. See Judicial Council forms DE-350 and DE-351 and Probate Code section 1003. G. If you do not understand this form, do not sign it until you have asked a lawyer (who is independent of the lawyer for the proposed personal representative) to explain it to you.
WAIVER
I have read and understand paragraphs A through G above.
- I understand that before signing this form, I am free to consult with a lawyer of my choice concerning the possible consequences to me of waiving bond.
I understand that I do not have to waive bond to allow the estate administration to begin or proceed, or to receive my
share of the estate.I WAIVE the posting of bond in this estate by (name of personal representative):
Date: ► (TYPE OR PRINT NAME OF BENEFICIARY (AND AUTHORIZED (SIGNATURE) SIGNER, IF BENEFICIARY IS NOT AN INDIVIDUAL))
*(This form may be filed as an independent form (as form DE-142) OR as Attachment 3e(2) (will) or Attachment 3e(3) (intestacy) to the Petition for Probate (form DE-111) (as form DE-111(A-3e).)
Form Adopted for Mandatory Use WAIVER OF BOND BY HEIR OR BENEFICIARY Probatewww.courts.ca.govCode, § 8481Judicial Council of California DE-142/DE-111(A-3e) [Rev. July 1, 2017) (Probate-Decedents Estates) Page_of_
Page 13¶
DE-147 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISON, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO,CA 92101
ESTATE OF (Name): DECEDENT CASE NUMBER: DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE and Acknowledgment of Receipt
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
When the court appoints you as personal representative of an estate, you become an officer of the court and assume certain duties and obligations. An attorney is best qualified to advise you about these matters. You should understand the following: 1. MANAGING THE ESTATE'S ASSETS a. Prudent investments You must manage the estate assets with the care of a prudent person dealing with someone else's property. This means that you must be cautious and may not make any speculative investments. b. Keep estate assets separate You must keep the money and property in this estate separate from anyone else's, including your own. When you open a bank account for the estate, the account name must indicate that it is an estate account and not your personal account. Never deposit estate funds in your personal account or otherwise mix them with your or anyone else's property. Securities in the estate must also be held in a name that shows they are estate property and not your personal property. c. Interest-bearing accounts and other investments Except for checking accounts intended for ordinary administration expenses, estate accounts must earn interest. You may deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney before making other kinds of investments. d. Other restrictions There are many other restrictions on your authority to deal with estate property. You should not spend any of the estate's money unless you have received permission from the court or have been advised to do so by an attorney. You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond. Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. If you do not obtain the court's permission when it is required, you may be removed as personal representative or you may be required to reimburse the estate from your own personal funds, or both. You should consult with an attorney concerning the legal requirements affecting sales, leases, mortgages, and investments of estate property.
- INVENTORY OF ESTATE PROPERTY
a. Locate the estate's property You must attempt to locate and take possession of all the decedent's property to be administered in the estate. b. Determine the value of the property You must arrange to have a court-appointed referee determine the value of the property unless the appointment is waived by the court. You, rather than the referee, must determine the value of certain "cash items." An attorney can advise you about how to do this. c. File an inventory and appraisal Within four months after Letters are first issued to you as personal representative, you must file with the court an inventory and appraisal of all the assets in the estate.
Form Adopted for Mandatory Use DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Probate Code, § 8404 Judicial Council of California DE-147 [Rev. January 1, 2002] (Probate)
Page 14¶
ESTATE OF (Name): CASE NUMBER:
DECEDENT
d. File a change of ownership At the time you file the inventory and appraisal, you must also file a change of ownership statement with the county recorder or assessor in each county where the decedent owned real property at the time of death, as provided in section 480 of the California Revenue and Taxation Code. 3. NOTICE TO CREDITORS You must mail a notice of administration to each known creditor of the decedent within four months after your appointment as personal representative. If the decedent received Medi-Cal assistance, you must notify the State Director of Health Services within 90 days after appointment. 4. INSURANCE You should determine that there is appropriate and adequate insurance covering the assets and risks of the estate. Maintain the insurance in force during the entire period of the administration. 5. RECORD KEEPING a. Keep accounts You must keep complete and accurate records of each financial transaction affecting the estate. You will have to prepare an account of all money and property you have received, what you have spent, and the date of each transaction. You must describe in detail what you have left after the payment of expenses. b. Court review Your account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do not file your accounts as required, the court will order you to do so. You may be removed as personal representative if you fail to comply. 6. CONSULTING AN ATTORNEY If you have an attorney, you should cooperate with the attorney at all times. You and your attorney are responsible for completing the estate administration as promptly as possible. When in doubt, contact your attorney.
NOTICE: 1. This statement of duties and liabilities is a summary and is not a complete statement of the law. Your conduct as a personal representative is governed by the law itself and not by this summary. 2. If you fail to perform your duties or to meet the deadlines, the court may reduce your compensation, remove you from office, and impose other sanctions.
ACKNOWLEDGMENT OF RECEIPT
I have petitioned the court to be appointed as a personal representative.
My address and telephone number are (specify):
I acknowledge that I have received a copy of this statement of the duties and liabilities of the office of personal representative.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
CONFIDENTIAL INFORMATION: If required to do so by local court rule, you must provide your date of birth and driver's license number on supplemental Form DE-147S. (Prob. Code, § 8404(b).)
DE-147 [Rev. January 1, 2002] DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Page 2 of 2 (Probate)
Page 15¶
DE-131 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISON, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO,CA 92101
ESTATE OF (Name):
DECEDENT CASE NUMBER:
PROOF OF SUBSCRIBING WITNESS
- I am one of the attesting witnesses to the instrument of which Attachment 1 is a photographic copy. I have examined Attachment 1
and my signature is on it.
a. The name of the decedent was signed in the presence of the attesting witnesses present at the same time by
(1) the decedent personally.
(2) another person in the decedent's presence and by the decedent's direction.
b. The decedent acknowledged in the presence of the attesting witnesses present at the same time that the decedent's name
was signed by
(1) the decedent personally.
(2) another person in the decedent's presence and by the decedent's direction.
c. The decedent acknowledged in the presence of the attesting witnesses present at the same time that the instrument
signed was decedent's
(1) will.
(2) codicil.
When I signed the instrument, I understood that it was decedent's will codicil.
I have no knowledge of any facts indicating that the instrument, or any part of it, was procured by duress, menace, fraud, or undue influence.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME) (SIGNATURE OF WITNESS)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ADDRESS)
ATTORNEY'S CERTIFICATION
(Check local court rules for requirements for certifying copies of wills and codicils)
I am an active member of The State Bar of California. I declare under penalty of perjury under the laws of the State of California that Attachment 1 is a photographic copy of every page of the will codicil presented for probate.
Date:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY)
Form Approved by the PROOF OF SUBSCRIBING WITNESS Probate Code, § 8220 Judicial Council of California DE-131 [Rev. January 1, 1998] (Probate) Mandatory Form [1/1/2000]
Page 16¶
DE-135 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISON, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO,CA 92101
ESTATE OF (Name):
DECEDENT CASE NUMBER:
PROOF OF HOLOGRAPHIC INSTRUMENT
I was acquainted with the decedent for the following number of years (specify):
D I was related to the decedent as (specify):
I have personal knowledge of the decedent's handwriting which I acquired as follows:
a. D I saw the decedent write. b. D I saw a writing purporting to be in the decedent's handwriting and upon which decedent acted or was charged. It was (specify):
c. D I received letters in the due course of mail purporting to be from the decedent in response to letters I addressed and mailed to the decedent. d. D Other (specify other means of obtaining knowledge):
I have examined the attached copy of the instrument, and its handwritten provisions were written by and the instrument was signed by the hand of the decedent. (Affix a copy of the instrument as Attachment 4.)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: ► (TYPE OR PRINT NAME) (SIGNATURE)
(ADDRESS)
ATTORNEY'S CERTIFICATION
(Check local court rules for requirements for certifying copies of wills and codicils)
I am an active member of The State Bar of California. I declare under penalty of perjury under the laws of the State of California that Attachment 4 is a photographic copy of every page of the holographic instrument presented for probate.
Date: ► (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY)
Form Approved by the PROOF OF HOLOGRAPHIC INSTRUMENT Probate Code, § 8222 Judicial Council of California
DE-135 [Rev. January 1, 1998) (Probate)
Page 17¶
DE-121 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE OF (Name):
DECEDENT
NOTICE OF PETITION TO ADMINISTER ESTATE OF CASE NUMBER: (Name):
To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, (specify all names by which the decedent was known): or both, of
Petition for Probate (name of petitioner):2. A has been filed by (specify): in the Superior Court of California, County of (name):3. The Petition for Probate requests that be appointed as personal representative to administer the estate of the decedent.
D The petition requests the decedent's will and codicils, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court.
D 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. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority.
A hearing on the petition will be held in this court as follows: I a. Date: Time: Dept.: Room: (specify): b. Address of court: D same as noted above D other
If you object7. to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. If you are a creditor or a contingent creditor of the decedent,8. you must file your claim with the court and mail a copy to the later four months personal representative appointed by the court within the of either (1) from the date of first issuance of letters to 60 days a general personal representative, as defined in section 58(b) of the California Probate Code, or (2) from the date of mailing or personal delivery to you of a notice under section 9052 of the California Probate Code. Other California statutes and legal authority may affect your rights as a creditor. You may want to consult with an attorney knowledgeable in California law. You may examine the file kept by the court.9. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as Request for Special Notice provided in Probate Code section 1250. A form is available from the court clerk. (name):1 0. D Petitioner D Attorney for petitioner (Address):
(Telephone): NOTE: If this notice is published, print the caption, beginning with the words NOTICE OF PETITION TO ADMINISTER ESTATE, and do not print the information from the form above the caption. The caption and the decedent's name must be printed in at least 8-point type and the text in at least 7-point type. Print the case number as part of the caption. Print items preceded by a box only if the box is checked. Do not print the italicized instructions in parentheses, the paragraph numbers, the mailing information, or the material on page 2. Page 1 of2
Form Adopted for Mandatory Use NOTICE OF PETITION TO ADMINISTER ESTATE Probate Code,§§ 8100, 9100 Judicial Council of California www.courls.ca.gov DE-121 [Rev. January 1, 2013] (Probate-Decedents' Estates)
Page 18¶
DE-121 ESTATE OF (NamerI I ''" '" " DECEDENT_ PROOF OF SERVICE BY MAIL
I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.
My residence or business address is (specify):
I served the foregoing Notice of Petition to Administer Estate on each person named below by enclosing a copy in an envelope
addressed as shown below AND a. D depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4, with the postage fully prepaid. b. D placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
a. Date mailed: b. Place mailed (city, state):
D I served, with the Notice of Petition to Administer Estate, a copy of the petition or other document referred to in the notice. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: ► (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
Name of person served Address (number. street. city, state, and zip code)
D Continued on an attachment. (You may use form DE-121(MA) to show additional persons served.)
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code section 54.8.)
DE-121 [Rev. January 1, 2013] NOTICE OF PETITION TO ADMINISTER ESTATE Page 2 of 2 (Probate-Decedents' Estates)
Page 19¶
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
IN THE MATTER OF CONSERVATORSHIP GUARDIANSHIP TRUST ESTATE:
CASE NUMBER
RESPONSE TO PROBATE NOTES
DATE: TIME: DEPT: ROA #:
Defect(s) listed in the Probate Notes dated are addressed with the submission of the following
information:
In response to Defect # :
In response to Defect # :
In response to Defect # :
In response to Defect # :
In response to Defect # :
In response to Defect # :
Additional information continued on attachment 1.
SDSC PR-177 (New 11/17) RESPONSE TO PROBATE NOTES Page 1 of 2 Optional Form
Page 20¶
IN THE MATTER OF CONSERVATORSHIP GUARDIANSHIP TRUST ESTATE: CASE NUMBER
- One or more of the responses requires modification of the petition prayer. The entire prayer is restated as follows:
continued on attachment 2.
Date: Signature of Attorney
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: Signature of Petitioner
Date: Signature of Petitioner SDSC PR-177 (New 11/17) RESPONSE TO PROBATE NOTES Page 2 of 2 Optional Form
Page 21¶
DE-140 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISON, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO,CA 92101
ESTATE OF (Name):
DECEDENT
ORDER FOR PROBATE CASE NUMBER:
ORDER Executor APPOINTING Administrator with Will Annexed Administrator Special Administrator Order Authorizing Independent Administration of Estate with full authority with limited authority WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
- Date of hearing: Time: Dept./Room: Judge: THE COURT FINDS
- a. All notices required by law have been given. b. Decedent died on (date): (1) a resident of the California county named above. (2) a nonresident of California and left an estate in the county named above. c. Decedent died (1) intestate (2) testate and decedent's will dated: and each codicil dated: was admitted to probate by Minute Order on (date): THE COURT ORDERS
- (Name): is appointed personal representative: a. executor of the decedent's will d. special administrator b. administrator with will annexed (1) with general powers c. administrator (2) with special powers as specified in Attachment 3d(2) (3) without notice of hearing (4) letters will expire on (date): and letters shall issue on qualification.
- a. Full authority is granted to administer the estate under the Independent Administration of Estates Act. b. Limited authority is granted to administer the estate under the Independent Administration of Estates Act (there is no authority, without court supervision, to (1) sell or exchange real property or (2) grant an option to purchase real property or (3) borrow money with the loan secured by an encumbrance upon real property).
- a. Bond is not required. b. Bond is fixed at: $ to be furnished by an authorized surety company or as otherwise provided by law. c. Deposits of: $ are ordered to be placed in a blocked account at (specify institution and location): and receipts shall be filed. No withdrawals shall be made without a court order. Additional orders in Attachment 5c. d. The personal representative is not authorized to take possession of money or any other property without a specific court order.
(Name): is appointed probate referee.
Date: JUDGE OF THE SUPERIOR COURT 7. Number of pages attached: _____ SIGNATURE FOLLOWS LAST ATTACHMENT Form Approved by the ORDER FOR PROBATE Probate Code, §§ 8006, 8400 Judicial Council of California DE-140 [Rev. January 1, 1998] Mandatory Form [1/1/2000]
Page 22¶
DE-150 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE OF (Name):
DECEDENT
CASE NUMBER: LETTERS0 TESTAMENTARY 0 OF ADMINISTRATION SPECIAL ADMINISTRATION0 OF ADMINISTRATION WITH WILL ANNEXED□ LETTERS AFFIRMATION1. D The last will of the decedent named above having 1. 0 PUBLIC ADMINISTRATOR: No affirmation required been proved, the court appoints (name): (Prob. Code,§ 7621(c)). a. D executor. 2. 0 INDIVIDUAL: I solemnly affirm that I will perform the duties of personal representative according to law. b. D administrator with will annexed. 3. 0 INSTITUTIONAL FIDUCIARY (name):2. D The court appoints (name): a. D administrator of the decedent's estate. I solemnly affirm that the institution will perform the b. D special administrator of decedent's estate duties of personal representative according to law. (1) D with the special powers specified I make this affirmation for myself as an individual and in the Order for Probate. on behalf of the institution as an officer. (Name and title): (2) D with the powers of a general administrator. (3) D letters will expire on (date): 3. D The personal representative is authorized to administer the estate under the Independent Administration of Estates Act D with full authority D with limited authority (no authority, without 4. Executed on (date): court supervision, to (1) sell or exchange real property at (place): , California. or (2) grant an option to purchase real property or (3) borrow money with the loan secured by an encumbrance upon real property). ► (SIGNATURE) 4. D The personal representative is not authorized to take CERTIFICATION possession of money or any other property without a I certify that this document is a correct copy of the original on specific court order. file in my office and the letters issued the personal representative appointed above have not been revoked, WITNESS, clerk of the court, with seal of the court affixed. annulled, or set aside, and are still in full force and effect.
file in my office and the letters issued the personal representative appointed above have not been revoked, WITNESS, clerk of the court, with seal of the court affixed. annulled, or set aside, and are still in full force and effect.
(SEAL) Date: (SEAL) Date:
Clerk, by Clerk, by
(DEPUTY) (DEPUTY)
Form Approved by the
Judicial Council of California Probate Code, §§ 1001, 8403, DE-150 [Rev. January 1, 1998] LETTERS 8405, 8544, 8545; Mandatory Form [11112000] (Probate) Code of Civil Procedure, § 2015.6
Page 23¶
DE-160/GC-040 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE OF (Name):
DECEDENT CONSERVATEE MINOR
CASE NUMBER:
INVENTORY AND APPRAISAL
Partial No.: Corrected
Date of Death of Decedent or of Appointment of
Final Reappraisal for Sale Guardian or Conservator:
Supplemental Property Tax Certificate
APPRAISALS
Total appraisal by representative, guardian, or conservator (Attachment 1): $
Total appraisal by referee (Attachment 2): $ TOTAL: $
DECLARATION OF REPRESENTATIVE, GUARDIAN, CONSERVATOR, OR SMALL ESTATE CLAIMANT
Attachments 1 and 2 together with all prior inventories filed contain a true statement of all a portion of the estate that has come to my knowledge or possession, including particularly all money and all just claims the estate has against me. I have truly, honestly, and impartially appraised to the best of my ability each item set forth in Attachment 1.
No probate referee is required by order of the court dated (specify):
Property tax certificate. I certify that the requirements of Revenue and Taxation Code section 480 a. are not applicable because the decedent owned no real property in California at the time of death. b. have been satisfied by the filing of a change of ownership statement with the county recorder or assessor of each county in California in which the decedent owned property at the time of death.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME; INCLUDE TITLE IF CORPORATE OFFICER) (SIGNATURE)
STATEMENT ABOUT THE BOND
(Complete in all cases. Must be signed by attorney for fiduciary, or by fiduciary without an attorney.)
Bond is waived, or the sole fiduciary is a corporate fiduciary or an exempt government agency.
Bond filed in the amount of: $ Sufficient Insufficient
Receipts for: $ have been filed with the court for deposits in a blocked account at (specify
institution and location):
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY)
Form Adopted for Mandatory Use INVENTORY AND APPRAISAL Probate Code,Cal.§§Rules2610-2616,of Court,8800-8980;rule 7.501 Judicial Council of California DE-160/GC-040 [Rev. January 1, 2007] www.courtinfo.ca.gov
Page 24¶
DE-160/GC-040 ESTATE OF (Name): CASE NUMBER:
DECEDENT CONSERVATEE MINOR
DECLARATION OF PROBATE REFEREE
- I have truly, honestly, and impartially appraised to the best of my ability each item set forth in Attachment 2.
- A true account of my commission and expenses actually and necessarily incurred pursuant to my appointment is: Statutory commission: $ Expenses (specify): $ TOTAL: $
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF REFEREE)
INSTRUCTIONS
(See Probate Code sections 2610-2616, 8801, 8804, 8852, 8905, 8960, 8961, and 8963 for additional instructions.)
See Probate Code section 8850 for items to be included in the inventory.
If the minor or conservatee is or has been during the guardianship or conservatorship confined in a state hospital under the jurisdiction of the State Department of Mental Health or the State Department of Developmental Services, mail a copy to the director of the appropriate department in Sacramento. (Prob. Code, § 2611.)
The representative, guardian, conservator, or small estate claimant shall list on Attachment 1 and appraise as of the date of death of the decedent or the date of appointment of the guardian or conservator, at fair market value, moneys, currency, cash items, bank accounts and amounts on deposit with each financial institution (as defined in Probate Code section 40), and the proceeds of life and accident insurance policies and retirement plans payable upon death in lump sum amounts to the estate, except items whose fair market value is, in the opinion of the representative, an amount different from the ostensible value or specified amount.
The representative, guardian, conservator, or small estate claimant shall list in Attachment 2 all other assets of the estate which shall be appraised by the referee.
If joint tenancy and other assets are listed for appraisal purposes only and not as part of the probate estate, they must be separately listed on additional attachments and their value excluded from the total valuation of Attachments 1 and 2.
Each attachment should conform to the format approved by the Judicial Council. (See Inventory and Appraisal Attach- ment (form DE-161/GC-041) and Cal. Rules of Court, rules 2.100—2.119.)
DE-160/GC-040 [Rev. January 1, 2007] INVENTORY AND APPRAISAL Page 2 of 2
Page 25¶
DE-157 NOTICE OF ADMINISTRATION OF THE ESTATE OF (NAME) DECEDENT NOTICE TO CREDITORS
- (Name): (Address): (Telephone): is the personal representative of the ESTATE OF (name): , who is deceased. The personal representative HAS BEGUN ADMINISTRATION of the decedent's estate in the a. SUPERIOR COURT OF CALIFORNIA, COUNTY OF (specify): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: b. Case number (specify): You must FILE YOUR CLAIM with the court clerk (address in item 2a) AND mail or deliver a copy to the personal representative before the last to occur of the following dates: a. four months after (date): , the date letters (authority to act for the estate) were first issued to a general personal representative, as defined in subdivision (b) of section 58 of the California Probate Code, OR b. 60 days after (date): , the date this notice was mailed or personally delivered to you. LATE CLAIMS: If you do not file your claim within the time required by law, you must file a petition with the court for permission to file a late claim as provided in Probate Code section 9103. Not all claims are eligible for additional time to file. See section 9103(a). EFFECT OF OTHER LAWS: Other California statutes and legal authority may affect your rights as a creditor. You may want to consult with an attorney knowledgeable in California law. WHERE TO GET A CREDITOR'S CLAIM FORM: If a Creditor's Claim (form DE-172) did not accompany this notice, you may obtain a copy of the form from any superior court clerk or from the person who sent you this notice. You may also access a fillable version of the form on the Internet at www.courts.ca.gov/forms under the form group Probate—Decedents' Estates. A letter to the court stating your claim is not sufficient. FAILURE TO FILE A CLAIM: Failure to file a claim with the court and serve a copy of the claim on the personal representative will in most instances invalidate your claim. IF YOU MAIL YOUR CLAIM: If you use the mail to file your claim with the court, for your protection you should send your claim by certified mail, with return receipt requested. If you use the mail to serve a copy of your claim on the personal representative, you should also use certified mail. Note: To assist the creditor and the court, please send a blank copy of the Creditor's Claim form with this notice. (Proof of Service by Mail on reverse) Page 1 of 2 Form Adopted for Mandatory Use NOTICE OF ADMINISTRATION TO CREDITORS Probate Code, §§ 9050, 9052 Judicial Council of California www.courts.ca.gov DE-157 [Rev. January 1, 2013] (Probate—Decedents’ Estates)
Page 26¶
DE-157 ESTATE OF (Name):
DECEDEN J ""' '"""'" [Optional]
PROOF OF SERVICE BY MAIL
I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.
My residence or business address is (specify):
I served the foregoing Notice of Administration to Creditors D and a blank Creditor's Claim form* on each person named
below by enclosing a copy in an envelope addressed as shown below AND a. D depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. D placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with the business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
a. Date of deposit: b. Place of deposit (city and state):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
Name of person Address (number, street, city, state, and zip code)
(You may use form POS-30(P) to show additional persons to whom aD List of names and addresses continued in attachment.
copy of this notice was mailed. Do not use page 2 of this form or form POS-030(P) to show that you personally delivered a copy of this notice to a creditor. You may use forms POS-020 and POS-020(P) for that purpose.)
- NOTE: To assist the creditor and the court, please send a blank copy of the Creditor's Claim (form DE-172) with the notice. DE-157 [Rev. January 1. 2013) NOTICE OF ADMINISTRATION TO CREDITORS Page 2 of 2 (Probate-Decedents' Estates)
Page 27¶
DE-174 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE OF (Name): DECEDENT
CASE NUMBER:
ALLOWANCE OR REJECTION OF CREDITOR'S CLAIM
NOTE TO PERSONAL REPRESENTATIVE
Attach a copy of the creditor's claim to this form. If approval or rejection by the court is not required, do not include any pages attached to the creditor's claim. PERSONAL REPRESENTATIVE'S ALLOWANCE OR REJECTION
Name of creditor (specify):
The claim was filed on (date):
Date of first issuance of letters:
Date of Notice of Administration:
Date of decedent's death:
Estimated value of estate:$
Total amount of the claim:$
D Claim is allowed for: $ (The court must approve certain claims before they are paid,)
D Claim is rejected for:$ (A creditor has 90 days to act on a rejected claim,* See box below,)
Notice of allowance or rejection given on (date):
D The personal representative is authorized to administer the estate under the Independent Administration of Estates Act Date: ► (TYPE OR PRINT NAME OF PERSONAL REPRESENTATIVE) (SIGNATURE OF PERSONAL REPRESENTATIVE)
NOTICE TO CREDITOR ON REJECTED CLAIM
From the date that notice of rejection is given, you must act on the rejected claim (e.g., file a lawsuit) as follows: 1. Claim due: within 90 days* after the notice of rejection. 2. Claim not due: within 90 days* after the claim becomes due.
- The 90-day period mentioned above may not apply to your claim because some claims are not treated as creditors' claims or are subject to special statutes of limitations, or for other legal reasons. You should consult with an attorney if you have any questions about or are unsure of your rights and obligations concerning your claim. COURT'S APPROVAL OR REJECTION
- D Approved for:$
- D Rejected for: $
Date: SIGNATURE OF JUDICIAL OFFICER
SIGNATURE FOLLOWS LAST ATTACHMENT14. Number of pages attached: D
(Proof of Mailing or Personal Delivery on reverse) Page 1 of 2
Form Adopted for Mandatory 9000 et seq., Use ALLOWANCE OR REJECTION OF CREDITOR'S CLAIM Probate Code§ Judicial Council of California 9250-9256, 9353 DE-174 [Rev. January 1, 2009] (Probate-Decedents' Estates) www.courtinfo.ca.gov
Page 28¶
DE-174 ESTATE OF CASE NUMBER: (Name): DECEDENT PROOF OF [] MAILING [] PERSONAL DELIVERY TO CREDITOR
- Atthe time of mailing or personal delivery | was at least 18 years of age and not a party to this proceeding.
- My residence or business address is (specify):
- | mailed or personally delivered a copy of the Allowance or Rejection of Creditor's Claim as follows (complete either a or b): a. L_] Mail. | ama resident of or employed in the county where the mailing occurred. (1) | enclosed a copy in an envelope AND (a) CJ deposited the sealed envelope with the United States Postal Service with the postage fully prepaid. (b) [__] placed the envelope for collection and mailing on the date and at the place shown in items below following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. (2) The envelope was addressed and mailed first-class as follows: (a) Name of creditor served: (b) Address on envelope: (c) Date of mailing: (d) Place of mailing (city and state): b. Cc] Personal delivery. | personally delivered a copy to the creditor as follows: (1) Name of creditor served: (2) Address where delivered: (3) Date delivered: (4) Time delivered:
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) DE-174 [Rev. January 1, 2009] ALLOWANCE OR REJECTION OF CREDITOR’S CLAIM Page 2 of 2 (Probate—Decedents’ Estates)
Page 29¶
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS:
ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE OF
PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE: CASE NUMBER Account Waiver of Account Payment of Statutory Fees Payment of Extraordinary Fees Reimbursement of Costs Reserve Extension of Letters Other Orders
Petitioner(s) (name, address, and relationship to decedent)
Decedent died testate intestate on _______________ (date).
Petitioner was appointed Executor Administrator with Will Annexed Administrator Special Administrator with General Powers on _______________ (date).
Will dated _______________ and Codicil(s) dated ______________________________ were admitted to
Probate by order of this court.
Petitioner was authorized to administer the estate with full limited authority under the Independent
Administration of Estate Act (“IAEA”).Petitioner’s report covers the period of _______________ (date of death) through _______________ (date).
a. ACCOUNT: Summary of Account and accounting schedules are attached as Attachment 7a. b. WAIVER OF ACCOUNT: All beneficiaries/heirs waive the requirement of an accounting. Signed waivers are submitted herewith will be filed prior to the hearing.
a. More than four months have elapsed since issuance of Letters and reasonable efforts were made to identify creditors of the estate. The time for filing and presenting creditor’s claims has expired. b. Notice of Administration to Creditors (JC Form #DE-157) was given to all known creditors within four months after Letters (JC Form #DE-157) were first issued or within 30 days after the personal representative first had knowledge of the creditor was not required as there were no creditors.
a. Other than taxes or creditor claims addressed in this petition, petitioner has no reason to believe any public entity listed in Probate Code section 9201 has basis for making a claim against the estate. b. Notice pursuant to Probate Code section 9201 was sent as follows:
Agency Date Mailed
State Board of Equalization
Department of State Hospitals
Employment Development Department
SDSC PR-165 (Rev. 12/25) PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE Prob. Code, §§ 10831, 10900, 10951, Optional Form 10954, 11620,11640 et seq.
Page 30¶
ESTATE OF CASE NUMBER
a. Decedent did not receive and/or was not the surviving spouse/registered domestic partner of a person who received Medi-Cal benefits. Notice to California Department of Health Care Services was not required. b. Notice required by Probate Code section 9202(a) was sent to the California Department of Health Care Services on _______________ (date), with a copy of the required death certificate(s).
a. Petitioner knows of no heir that is or has previously been confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of Youth Authority or confined in any county jail, road camp, industrial farm, or other local correctional facility. Notice to California Victim Compensation Board was not required. b. Notice required by Probate Code section 9202(b) was given to the California Victims Compensation Board on _______________ (date).
Notice required by Probate Code section 9202(c) was given to the Franchise Tax Board on _______________ (date).
a. Decedent did not have any child support obligations owed and there is no reason to believe any existed. Notice to Department of Child Support Services was not required. b. Notice required by Probate Code section 9202(e) was given to the Department of Child Support Services on _______________ (date). Notice was not required because Letters (JC Form #DE-157) were issued before January 1, 2026.
The names and address of all persons entitled to notice, including those who submitted a Request for Special Notice (JC Form #DE-154/GC-035), are as follows: Name Address
Continued attachment 14.
a. Probate Referee fees paid on _______________ (date). b. All costs of administration were paid, except closing expenses and fees. The estate is in a condition to close. c. At all times during administration, all surplus cash was held in interest-bearing accounts. There was no cash. d. No compensation has been paid from assets to the personal representative(s) or attorney(s) without court order. e. The estate is solvent insolvent.
The following Inventory and Appraisal(s) (JC Form #DE-160) have been filed with the court: Date Filed Type Amount Partial No. ________ Final Supplemental Corrected/Amended Partial No. ________ Final Supplemental Corrected/Amended
Partial No. ________ Final Supplemental Corrected/Amended Continued attachment 16. Total Inventory and Appraisal Value: SDSC PR-165 (Rev. 12/25) PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE Prob. Code, §§ 10831, 10900, 10951, Optional Form 10954, 11620,11640 et seq.
Page 31¶
ESTATE OF CASE NUMBER
The estate consists of separate community quasi-community property.
a. No family or affiliate relationship exists between petitioner and any agent hired during administration. b. The following family or affiliates were hired:
Name Capacity Retained Relationship
Continued attachment 18.
a. No Creditor’s Claim(s) (JC Form #DE-172) has been filed. b. The following Creditor’s Claim(s) (JC Form #DE-172) was filed: Date Allowed Date Filed Claimant Claim Amount Amount Allowed Amount Denied Lawsuit Filed / Denied Yes No Yes No Yes No Yes No Yes No Continued attachment 19.
The following written demands for payment were received within four months after Letters (JC Form #DE-157) were first issued and were treated as filed claims and paid before the expiration of 30 days after the four-month period. The debts were justly due, paid in good faith, the amounts paid were the true amounts of the indebtedness over and above all payments and offsets, and the estate is solvent.
Date Paid Payee Description Amount
Continued attachment 20.
a. No actions were taken without prior court approval for which notice of proposed action was required. b. Petitioner took the following action(s) without court approval for which notice of proposed action was required.
Date Action Notice Given Notice Waived Objections Received Nature of Action Taken (Name & Date) (Name & Date) (Name & Date)
Continued attachment 21.
SDSC PR-165 (Rev. 12/25) PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE Prob. Code, §§ 10831, 10900, 10951, Optional Form 10954, 11620,11640 et seq.
Page 32¶
ESTATE OF CASE NUMBER
22. No federal or state estate taxes are due or payable by the estate.
23. No personal property taxes are due or payable by the estate.
24. a. No California or federal income taxes are due or payable by the estate.
b. A final income tax return will be filed and any taxes due will be paid by the reserve requested at item 28.
25. a. Statutory fee due to personal representative(s) ____________________ (amount) WAIVED.
b. Statutory fee due to attorney(s) ____________________ (amount) WAIVED.
c. Statutory fees are calculated as follows:
(1) Total Inventory Value 4% of the first $100,000
+
(2) Receipts* 3% of the next $100,000
+
(3) Gains on Sales* 2% of the next $800,000
-
(4) Losses on Sales** 1% of the next $9,000,000
.5% of the next $15,000,000
Total Calculation of Estate Total Statutory Compensation
* If including receipts/gains in calculation, schedules must be attached. (Cal. Rules of Court, rule 7.550(b)(6))
** Losses, if any, must be included in calculation and schedules attached, even if accounting is waived.
a. Extraordinary fee due to personal representative(s) ____________________ (amount).
b. Extraordinary fee due to attorney(s) ____________________ (amount).
Note: Fee Declaration(s) required by SDSC Local Rules, rule 4.16.2C.4 must be filed if requesting extraordinary fees.a. Reimbursement of costs to personal representative(s) for (itemized description) _________________________ in the amount of ________________. b. Reimbursement of costs to attorney(s) for (itemized description) ______________________________________ in the amount of ________________.
Reserve to be withheld for taxes/tax preparation fees closing expenses County Recorder fees other: in the amount of ________________.
Note: A supplemental accounting will be required prior to discharge if the accounting is not waived and more than $5,000 is withheld.
- Letters (JC Form #DE-157) expire(d) on _______________ (date). Petitioner requests they be extended to _______________ (date).
The following preliminary distribution(s) have been made: Date Date of Court Name of Recipient Asset Description Receipt(s) Approval Filed Continued attachment 30.
SDSC PR-165 (Rev. 12/25) PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE Prob. Code, §§ 10831, 10900, 10951,
Optional Form 10954, 11620,11640 et seq.
Page 33¶
ESTATE OF CASE NUMBER
Assets on hand at the end of report period:
Total Value of Non-Cash Assets on Hand: Total Value of Cash Assets on Hand: LESS Statutory Fees: Extraordinary Fees: Reimbursement of Costs: Reserve:
Remaining Cash Assets for Distribution:
a. Distribution should be made by intestate succession as follows (name of each heir and relationship to decedent):
Continued attachment 32a.
b. Distribution should be made pursuant to decedent’s Will/Codicil(s) as follows (verbatim dispositive provisions):
Continued attachment 32b. SDSC PR-165 (Rev. 12/25) PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE Prob. Code, §§ 10831, 10900, 10951, Optional Form 10954, 11620,11640 et seq.
Page 34¶
ESTATE OF CASE NUMBER
Additional information (allegations, requests, etc.):
Continued attachment 33.
WHEREFORE, Petitioner prays for an order of this court as follows:
- The report and account waiver of account of personal representative is approved.
- All acts of petitioner as personal representative, as reported to the Court, are approved.
- a. Payment to personal representative in the amount of ____________________, for statutory fees. b. Payment to attorney ______________________________ (name) in the amount of ____________________, for statutory fees.
- a. Payment to petitioner in the amount of ____________________ for extraordinary fees. b. Payment to attorney ______________________________ (name) in the amount of ____________________, for extraordinary fees.
- a. Reimbursement of costs to personal representative in the amount of ____________________. b. Reimbursement of costs to attorney (name) ______________________________ in the amount of ____________________.
Withholding of a reserve in the amount of ____________________.
Letters (JC Form #DE-157) extended to expire on _______________ (date).
Other orders:
Continued attachment A.
SDSC PR-165 (Rev. 12/25) PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE Prob. Code, §§ 10831, 10900, 10951, Optional Form 10954, 11620,11640 et seq.
Page 35¶
ESTATE OF CASE NUMBER
Distribution of the assets of the estate is approved as follows: (Include name and relationship of each heir/beneficiary and description of each asset being distributed. If real property, include the address, legal description, and assessor’s parcel number.)
Continued attachment B. SDSC PR-165 (Rev. 12/25) PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE Prob. Code, §§ 10831, 10900, 10951, Optional Form 10954, 11620,11640 et seq.
Page 36¶
ESTATE OF CASE NUMBER
Distribution of any property of the estate acquired or discovered after the court order for final distribution is made, including any unused portion of the reserve, if any, is approved as follows:
Continued attachment C.
Date:
Type or print name Signature of Attorney
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Type or print name Signature of Petitioner
Type or print name Signature of Petitioner
SDSC PR-165 (Rev. 12/25) PETITION FOR FINAL DISTRIBUTION OF DECEDENT’S ESTATE Prob. Code, §§ 10831, 10900, 10951, Optional Form 10954, 11620,11640 et seq.
Page 37¶
DE-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE OF (name): 0 IN THE MATTER OF (name):D D DECEDENT D TRUST D OTHER CASE NUMBER: NOTICE OF HEARING-DECEDENT'S ESTATE OR TRUST
This notice is required by law. You are not required to appear in court, but you may attend the hearing and object or respond if you wish. If you do not respond or attend the hearing, the court may act on the filing without you.
(name):1. NOTICE is given that (fiduciary or representative capacity, if any):
(specify complete title and briefly describe):* has filed a petition, application, report, or account
D The filing is a report of the status of a decedent's estate administration made under Probate Code section 12200. See the NOTICE below. (Some documents filed with the court are confidential.) Please refer to the filed documents for more information about the case. 2. A HEARING on the matter described in 1 will be held as follows: r Name and address of court, if different from above: Hearing Date roate: Time: .... Dept.: Room:
NOTICE
If the filing described in 1 is a report of the status of a decedent's estate
administration made under Probate Code section 12200,
YOU HAVE THE RIGHT TO PETITION FOR AN ACCOUNTING
UNDER SECTION 10950 OF THE PROBATE CODE.
Requests for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign languagewww.courts.ca.gov/formsinterpreter services areRequestavailableforif Accommodationsyou ask at least fivebydaysPersonsbeforeWiththeDisabilitieshearing. Contactand Responsethe clerk's office or go to for (form MC-410). (Civ. Code,§ 54.8.)
- Do not use this form to give notice of a petition to administer an estate (see Prob. Code, § 8100, and use form DE-121 ), notice of a hearing in a guardianship or conservatorship case (see Prob. Code, §§ 1511 and 1822, and use form GC-020), or notice of a hearing on a petition to determine a claim to property (see Prob. Code, § 851, and use form DE-115/GC-015). Page 1 of2 Form Adopted for Mandatory Use Probate Code,§§ 1211, 1215, 1220, Judicial Council of California NOTICE OF HEARING-DECEDENT'S ESTATE OR TRUST 1230, 12201, 17100, 17203 DE-120 [Rev. January 1, 2020] www.courts.ca.gov
Page 38¶
DE-120 L_J ESTATE OF (name): L__J IN THE MATTER OF (name): CASE NUMBER: D DECEDENT D TRUST D OTHER CLERK'S CERTIFICATE OF POSTING
I certify that I am not a party to this cause.
A copy of the foregoing Notice of Hearing-Decedent's Estate or Trust a. was posted at (address):
b. was posted on (date):
Date: Clerk, by , Deputy -----------------
PROOF OF SERVICE BY MAIL*
I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.
My residence or business address is (specify):
I served the foregoing Notice of Hearing-Decedent's Estate or Trust on each person named below by enclosing a copy in an
envelope addressed as shown below AND a. D depositing the sealed envelope on the date and at the place shown in item 4 with the U.S. Postal Service with the postage fully prepaid. b. D placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service in a sealed envelope with postage fully prepaid.
a. Date mailed: b. Place mailed (city, state):
D I served with the Notice of Hearing-Decedent's Estate or Trust a copy of the petition or other document referred to in item 1 of the Notice.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: ► (TYPE OR PRINT NAME) (SIGNATURE)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
Name Address (street & number, city. state, zip code)
D Continued on an attachment. (You may use Attachment to Notice of Hearing Proof of Service by Mail, form DE-120(MA)/GC-020(MA), for this purpose.)
- Do not use this form for proof of personal service. You may use form DE-120(P) to prove personal service of this Notice. DE-120 [Rev. January 1, 2020] Page 2 of 2 NOTICE OF HEARING-DECEDENT'S ESTATE OR TRUST
Page 39¶
DE-295/GC-395 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
ESTATE CONSERVATORSHIP GUARDIANSHIP OF
(Name):
DECEDENT CONSERVATEE MINOR
CASE NUMBER:
EX PARTE PETITION FOR FINAL DISCHARGE AND ORDER
Petitioner is the personal representative conservator guardian of the estate of the above-named decedent, conservatee, or minor. Petitioner has distributed or transferred all property of the estate as required by the final order and all preliminary orders for distribution or liquidation filed in this proceeding on (specify date each order was filed):
All required acts of distribution or liquidation have been performed as follows (check all that apply): a. All personal property, including money, stocks, bonds, and other securities, has been delivered or transferred to the distributees or transferees as ordered by the court. The receipts of all distributees or transferees are now on file or are filed with this petition. Conformed copies of all receipts previously filed are attached on Attachment 2.
b. No personal property is on hand for distribution or transfer.
c. Real property was distributed or transferred. The order for distribution or transfer of the real property; the personal
representative's, conservator's, or guardian's deed; or both, were recorded as follows (specify documents recorded,
dates and locations of recording, and document numbers or other appropriate recording information):
d. No real property is on hand for distribution or transfer.
e. No receipts are required because Petitioner is the sole distributee.
f. The minor named above attained the age of majority on (date):
- Petitioner requests discharge as personal representative, conservator, or guardian of the estate. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)
ORDER FOR FINAL DISCHARGE
THE COURT FINDS that the facts stated in the foregoing Ex Parte Petition for Final Discharge are true.
THE COURT ORDERS that (name): is discharged as personal representative conservator guardian of the estate of the above-named decedent, conservatee, or minor, and sureties are discharged and released from liability for all acts subsequent hereto.
Date: JUDICIAL OFFICER SIGNATURE FOLLOWS LAST ATTACHMENT.
Form Adopted for Mandatory Judicial Council of California Use EX PARTE PETITION FOR FINAL DISCHARGE AND ORDER Probate Code,2631,§§11753,2100, 12250;2627, DE-295/GC-395 (Probate—Decedents' Estates and Conservatorships and Guardianships) www.courtinfo.ca.gov [New January 1, 2006]
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