Disclaimer: This article is for educational purposes and does not constitute legal advice. For personal guidance, consult a qualified attorney.
Detailed Answer
In California, letters of administration grant a person authority to handle an estate when the decedent died without a valid will. Probate Code Section 8400 requires the court to review a formal petition before issuing these letters. To file this petition, you generally need the following documentation:
- Certified copy of the death certificate. Obtain a certified copy from the county recorder or vital records office where the death occurred. The court needs proof of the decedent’s passing to open probate.
- Petition for Letters of Administration (Form DE-100). This mandatory form identifies the petitioner, describes the decedent, and explains why the petitioner qualifies to serve. Download Form DE-100 from the California Courts website.
- Notice of Petition to Administer Estate (Form DE-121). This attachment informs heirs and interested parties of the hearing date, time, and location.
- List of Heirs and Beneficiaries. Provide a complete list of all next of kin—names, addresses, and relationships to the decedent. Probate Code § 8400 lists required details. Prob. Code § 8400.
- Schedule of Assets and Debts (Form DE-160). Itemize all assets (real property, bank accounts, personal property) and liabilities as of the date of death.
- Bond Documentation. File an Affidavit of Bond (Form DE-140) plus a bond premium receipt unless the court waives the bond. The bond protects creditors and heirs.
- Oath and Letters (Form DE-200). After approval, this form officially appoints the administrator and issues the letters.
- Attorney Fee Agreement (if applicable). If you hire an attorney, include a fee agreement approved by the court or consenting heirs.
- Proof of Service. Serve copies of the petition and notice on all interested parties and file Proof of Service (Form DE-121) before the hearing.
California’s probate process follows Probate Code Sections 8000–9300. For full statute text, visit the California Legislative Information site.
Helpful Hints
- File all forms with the clerk’s office in the county where the decedent resided at death.
- Pay applicable filing fees or request a fee waiver if you qualify financially.
- Verify local court rules; some counties require additional cover sheets or local forms.
- Keep certified copies of all filed documents for your records.
- Attend the probate hearing in person; the judge may ask questions about the estate.