Form de 120p california pdf 2025

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Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
In California, probate is common for wills, but not all wills are required to go through probate. Some people prefer to avoid probate because it can be an extensive and costly process. There are certain situations where probate is avoidable. You have a living trust.
If the estate doesnt have sufficient assets to cover probate fees and debts, Californias probate court follows a priority order to pay debts. Secured debts (like mortgages) are typically paid first, followed by fees and administrative expenses, including executor and attorney fees.
Notice of Petition to Administer Estate (DE-121) Also explains what a person receiving the notice should do if they do not agree with the petition. Get form DE-121.
Proof of Publication (noun): In probate, proof of publication refers to the three separate publications required in certain newspapers within certain time limits. These publications are required as measure for notifying creditors and dealing with creditor claims. The proof of publication must be filed with the court.
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The Petition for Probate of Will and Letters Testamentary is requesting for the court to validate the Will and formally appoint the Executor. Once this is done, the court authorizes the Executor to oversee the process of distributing assets and property to beneficiaries per the instructions provided in the Will.

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