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DE-121 - Notice of Petition to Administer Estate
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Notice of Petition to Administer Estate
Text
Form ID: DE-121
Title: Notice of Petition to Administer Estate
Effective Date: 2013-01-01
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-121
Primary Download URL: https://www.courts.ca.gov/documents/de121.pdf
Form Detail Page:
Notice of Petition to Administer Estate
(DE-121)
If you file a Petition for Probate (a request to start the process for distributing a deceased person’s property, paying debts owed by the deceased person, and settling the financial affairs of the deceased person), tell all interested persons that the petition has been filed and about the date, time, and place of a hearing on the petition. Also explains what a person receiving the notice should do if they do not agree with the petition.
Get form DE-121
Effective: January 1, 2013
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How-to instructions for Probate
PDF Text:
A hearing on the petition will be held in this court as follows:
Form Adopted for Mandatory Use
Judicial Council of California
DE-121 [Rev. January 1, 2013]
NOTICE OF PETITION TO ADMINISTER ESTATE
(Probate—Decedents’ Estates)
Probate Code, §§ 8100, 9100
www.courts.ca.gov
Page 1 of 2
DE-121
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
(Name):
FOR COURT USE ONLY
CASE NUMBER:
ESTATE OF (Name):
DECEDENT
NOTICE OF PETITION TO ADMINISTER ESTATE OF
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
1. To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate,
or both, of (specify all names by which the decedent was known):
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.
2. A Petition for Probate has been filed by (name of petitioner):
in the Superior Court of California, County of (specify):
3. The Petition for Probate requests that (name):
be appointed as personal representative to administer the estate of the decedent.
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.
4.
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.
5.
6.
Date: Time: Dept.: Room:a.
b. (specify):Address of court: same as noted above other
If you object 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.
7.
If you are a creditor or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the
personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to
a general personal representative, as defined in section 58(b) of the California Probate Code, or (2) 60 days 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.
8.
You may examine the file kept by the court. 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
provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk.
9.
Petitioner
Attorney for petitioner (name):10.
(Address):
(Telephone):
CASE NUMBER:
PROOF OF SERVICE BY MAIL
1. 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.
2. My residence or business address is (specify):
DE-121
DE-121 [Rev. January 1, 2013] NOTICE OF PETITION TO ADMINISTER ESTATE
(Probate—Decedents’ Estates)
Page 2 of 2
3. 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.
b.
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.
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.
4. a. Date mailed: b. Place mailed (city, state):
5. 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.
(SIGNATURE OF PERSON COMPLETING THIS FORM)
Date:
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
1.
2.
3.
4.
5.
Continued on an attachment. (You may use form DE-121(MA) to show additional persons served.)
Name of person served Address (number, street, city, state, and zip code)
6.
ESTATE OF (Name):
DECEDENT
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.)
Retrieval chunks
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Form ID: DE-121 Title: Notice of Petition to Administer Estate Effective Date: 2013-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-121 Primary Download URL: https://www.courts.ca.gov/documents/de121.pdf Form Detail Page: Notice of Petition to Administer Estate (DE-121) If you …
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be appointed as personal representative to administer the estate of the decedent. 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. 4. The petition requests authority to administer the estat…
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#3
1. 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. 2. My residence or business address is (specify): DE-121 DE-121 [Rev. January 1, 2013] NOTICE OF PETITION TO ADMINISTER ESTATE (Probate—Decedents’ Estates) Page 2 of 2 3. I served th…