California Probate Forms

Petition and Notice of Petition

Petition for Probate DE-111 PDF Download
Notice of Petition to Administer Estate DE-121 PDF Download
Declination to Serve as Executor
Short statement signed by the named executor declining to serve. Used as attachment to Petition for Probate. Form is on pleading paper. Adobe PDF is computer fill-in.
$10.00

Order, Letters, and Duties

Order for Probate DE-140 PDF Download
Duties and Liabilities of Personal Representative DE-147 PDF Download
Confidential Supplement to Duties and Liabilities of Personal Representative DE-147S PDF Download
Letters DE-150 PDF Download

IRS Forms

IRS Forms and Publications Link to Website
Instructions for SS-4 (Application for Employer Identification Number) SS-4i PDF Download
Application for Employer Identification Number
To notify IRS of opening of probate and obtain ID number.		 SS-4f PDF Download
Employer Identification Number
Online Application Site - IRS Website		 Link to Website
Notice Concerning Fiduciary Relationship
To notify IRS of identity of person responsible for probate administration.		 Form 56 Fill-in PDF Download
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Waivers

Waiver of Compensation by Executor
Pleading to be filed indicating executor will serve without pay. Adobe form is computer fill-in.
$12.00
Waiver of Accounting by Sole Distributee
Pleading indicating the sole beneficiary of estate waives the accounting requirement. Adobe PDF form is computer fill-in.
$12.00
Waiver of Accounting by Distributee
Pleading indicating waiver of accounting requirement signed by one of several beneficiaries. Adobe form is computer fill-in.
$12.00
Waiver of Statutory Fees and Compensation by Attorney for Petitioner
Pleading that I drafted and filed when doing a probate for a family member. Could be adapted to reflect attorney agreeing to receive partial compensation.
$12.00
Pleading Checklist
List of California filing requirements for pleadings other than Judicial Council Forms.
Free

Creditors Pleadings

Notice of Administration to Creditors DE-157 PDF Download
Creditor's Claim DE-172 PDF Download
Allowance or Rejection of Creditor's Claim DE-174 PDF Download

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Inventory and Appraisal

Checklist - Estate Asset Records
Two forms provided; a checklist of about 47 items for which records should be located to begin evaluating an estate and a second checklist of assets which are frequently handled outside of probate. Adobe form is NOT computer fill-in.
$12.00
Cash Receipts and Disbursements Record, Stocks Inventory
Record keeping worksheets: A table to keep track of cash receipts, a second table to track disbursements, and a table for stocks and bonds with value at date of death and subsequent changes. Adobe form is NOT computer fill-in.
$12.00
Inventory and Appraisal DE-160 PDF Download
Inventory and Appraisal Attachment DE-161 PDF Download

Spousal Property

Spousal Property Petition DE-221 PDF Download
Spousal Property Order DE-226 PDF Download

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Sale of Property

Report of Sale and Petition for Order Confirming Sale of Real Property DE-260 PDF Download
Order Confirming Sale of Real Property DE-265 PDF Download
Ex Parte Petition for Authority to Sell Securities and Order DE-270 PDF Download
Ex Parte Petition for Approval of Sale of Personal Property and Order DE-275 PDF Download

Accounting and Distribution

Notice of Hearing DE-120 PDF Download
Petition for Settlement of First and Final Account, for Final Distribution, and Fixing and Allowing Compensation
Combined pleading for a typical estate. Pleading indicates no creditor claims and no property sales, although these could be added. Includes Summary of Account page and Schedules for receipts, disbursements, gains and losses, adjustments, and property on hand.
$40.00
Order Settling First and Final Account, Report of Executor Allowing Compensation for Ordinary Services, and Order for Final Distribution
Combined order for a typical estate (see PR51, above). Order indicates review by court of probate case, approval thereof, and orders distribution according to plan.
$20.00

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Receipts and Discharge

Acknowledgment of Satisfaction of Interest by Distributee
Pleading showing beneficiary has received entire inheritance after a preliminary distribution. Adobe form is computer fill-in.
$12.00
Receipt on Distribution - Cash Bequest
Pleading signed by Distributee - simple receipt for cash bequest. Adobe form is computer fill-in.
$12.00
Receipt on Distribution - Real Property
Pleading signed by Distributee showing receipt of house and real property, stock, and cash in amounts sufficient to satisfy bequest. Adobe form is computer fill-in.
$12.00
Receipt on Distribution - Attorney
Pleading signed by attorney indicating receipt of statutory compensation. Adobe form is computer fill-in.
$12.00
Declaration of Final Discharge
Pleading signed by executor indicating that all money and property have been distributed to beneficiaries. Adobe form is computer fill-in.
$12.00
Order of Final Discharge
Order signed by Court terminating Executor's responsibility and liability. Adobe form is computer fill-in.
$12.00

Additional Judicial Council Forms

Citation (Probate) and Proof of Service DE-122 PDF Download
Summons (Probate) DE-125 PDF Download
Proof of Subscribing Witness DE-131 PDF Download
Proof of Holographic Instrument DE-135 PDF Download
Request for Special Notice DE-154 PDF Download
Notice of Proposed Action (Objection-Consent) DE-165 PDF Download
Waiver of Notice of Proposed Action DE-166 PDF Download
Order Prescribing Notice DE-200 PDF Download
Affidavit re Real Property of Small Value (Probate) DE-305 PDF Download
Petition to Determine Succession to Real Property (Estates $100,000 or Less) DE-310 PDF Download
Order Determining Succession to Real Property (Probate) DE-315 PDF Download
Petition for Appointment of Guardian Ad Litem - Probate DE-350 PDF Download
Order Appointing Guardian Ad Litem - Probate DE-351 PDF Download

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Affidavits of Death

Affidavit of Surviving Joint Tenant
Sworn statement by a joint tenant that another joint tenant has died. Has jurat form for use by notary. All formats show type of information needed to complete form.
$20.00
Affidavit - Death of Joint Tenant
Sworn statement by any person with knowledge of the death of a joint tenant. Has jurat form for use by notary. All formats show type of information needed to complete form.
$20.00
Affidavit of Surviving Spouse - Community Property with Right of Survivorship
Spouse succeeding to community property per California Civil Code section 682.1. This form to be recorded after death of a spouse where deed complies with community property with right of survivorship requirements. All formats show type of information needed to complete form.
$20.00
Affidavit of Surviving Spouse
Spouse succeeding to community property per California probate code section 13540. This form contains a statement that husband and wife considered the property in question to be community property (where title is not held as community property.)  Although there is legal authority for recording this form, you may want to follow up with a spousal property petition filed with the court.
$20.00
Affidavit of Death of Life Tenant
Declaration of remainer beneficiary that person with tenancy for life rights has died. All formats show type of information needed to complete form.
$20.00

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Letters and Correspondence

Request for Certified Copies of Death Certificate
Request directed to county vital statistics office for copies, certified or not, of a death certificate.
$12.00
Letter to Insurance Company regarding Life Insurance
Letter from beneficiary to insurance company requesting claim form for benefits of a life insurance policy.
$12.00
Letter to Insurance Company regarding Life Insurance
Attorney letter requesting claim form on behalf of beneficiary of a life insurance policy.
$12.00

Verification / Proof of Service by Mail

Verification
Attachment to drafted pleading declaring truth of matters stated under penalty of perjury. Two forms given, one indicating signer is a party to the legal matter, the other is a general form to be signed by anyone with knowledge of the stated facts.
$10.00
Verification and Proof of Service by Mail
Commonly used last page of a pleading with a general verification form and a general proof of service by mail form.
$12.00

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California Legal Documents

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Estate Planning:
Last Will and Testament
Revocable Trusts
Power of Attorney - Assets
Power of Attorney - Health Care
General Power of Attorney

Probate and Small Estates:
Probate
Small Estates
Affidavits of Death
Affidavit Re: Bank Account

Real Estate:
Real Estate Sales
Landlord and Tenant
Homestead
Preliminary Change of Ownership
Request for Full Reconveyance
Substitution of Trustee
Notice of Default
Recording Checklists

California Deeds:
Grant Deed, Joint Tenancy Deed
Tenancy in Common Deed
Community Property Grant Deeds
Trust Deed,  Notes,  Amendment
Quitclaim Deeds
Gift Deed and Life Estate Deeds
Interspousal Grant Deeds
Revocable Trust Transfer Deeds
Corporation and Partnership Deeds

Notary Forms:
Acknowledgement

Business Management:
Contracts
Business Letters
Copyright
Sole Proprietor
Partnerships and LLC's
Corporations

Family Law:
Family Law Court Forms
Marital Termination Agreements

Litigation and Court Forms:
Small Claims
Litigation

Law Office:
Law Office Documents

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