Form Packets – Probate of Decedent’s Estate
FORMS NEEDED TO FILE FOR PROBATE OF DECEDENT’S ESTATE
|FORM NUMBER||FORM NAME||DOWNLOAD IT FROM:|
|DE-111||Petition for Probate (Probate-Decedents Estates)||https://www.courts.ca.gov/documents/de111.pdf|
|DE-121||Notice of Petition to Administer Estate (Probate-Decedents Estates)||https://www.courts.ca.gov/documents/de121.pdf|
|DE-142/DE-111(A-3e)||Waiver of Bond by Heir or Beneficiary (Probate-Decedents Estates)||https://www.courts.ca.gov/documents/de142.pdf|
|SJPR-302 Local Form||Lineal Chart “A” for use when Decedent has Issue||https://www.sjcourts.org/wp-content/uploads/SJPR302-Lineal-Chart-A-Decedent-has-Issue.pdf|
|SJPR-303 Local Form||Lineal Chart “B” for use when Decedent has no Issue (or no Living Issue)||https://www.sjcourts.org/wp-content/uploads/SJPR303-Lineal-Chart-B-Decedent-has-No-Issue.pdf|
|SJPR-304 Local Form||Lineal Chart “C” for use when Decednet had a Predeceased Spouse and has no Issue, no Living Parents or Issue of Parents||https://www.sjcourts.org/wp-content/uploads/2021/05/SJPR304-Lineal-Chart-C-Decedent-had-a-Predeceased-Spouse-and-No-Issue.pdf|
|DE-121(MA)||Attachment to Notice of Petition to Administer Estate-Proof of Service by Mail (Probate-Decedents Estates)||https://www.courts.ca.gov/documents/de121ma.pdf|
|DE-147||Duties and Liabilities of Personal Representative (Probate)||https://www.courts.ca.gov/documents/de147.pdf|
|DE-140||Order for Probate||https://www.courts.ca.gov/documents/de140.pdf|
Submitting Your Forms for Filing
- Make sure to provide all of the required forms for your scenario
- All information must be completed
- If not typed, forms must be legibly handwritten in blue or black ink
- Forms must be dated and signed by the Petitioner(s) and/or the attorney of record
- Submit the documents by eFiling. When eFiled documents are accepted, downloadable stamped documents are available for 30 days (rolling month) after the processed-date of the case submission, under the “Filing History” in the eFiling Portal. Thereafter, options are the Superior Court of CA – County of San Joaquin Public Portal. or contact Records Mgmt.
OR submit the original plus a set of copies for yourself. Failure to provide copies may result in additional fees. Always remember to include a self-addressed stamped envelope (SASE) with adequate postage in order to have your copies returned to you. Failure to include a SASE will result in in your copies being placed in the pick-up cabinet located at the Security Desk in Stockton Documents not picked up within 30 days will be destroyed.
- Provide the correct filing fee for your petition to be processed. View current filing fees at https://www.sjcourts.org/forms-filing/court-fee-schedule/ .
If you cannot afford to pay the court fees and costs, you may ask the Court to waive all or part of your fees by completing a Fee Waiver Application, form FW-001. (See Fee Waiver Form Packet .)
All court proceedings are in English. If you require the assistance of an interpreter, you can ask the Court to provide an interpreter by competing and filing Judicial Council form INT-300 – Request for Interpreter (Civil).
- California Court’s website at https://www.courts.ca.gov/8865.htm
- San Joaqin County Bar Association, Lawyer Referral Service at https://www.sjcbar.org/public/lrs
- San Joaquin County Law Library’s website at https://sjclawlibraryblog.wordpress.com/