FAQ: Documents Required to Apply for Probate Appointment and the Executor’s Oath in California

Short answer: To open a probate and be appointed as personal representative (executor or administrator) in California you generally need the original will (if any), a certified copy of the death certificate, a completed Petition for Probate, required probate court forms (notice, bond paperwork if applicable), and proof that heirs and interested persons were notified. Courts also typically require an oath (or jurat) and proof of any bond before issuing letters that authorize you to act for the estate.

Detailed answer — what you must prepare and file

This answer explains the common documents and steps used in California probate. Local probate courts may have additional requirements or local forms, so check the superior court website for the county where the decedent lived. For general California probate rules and forms, see the California Courts probate self-help pages: https://www.courts.ca.gov/selfhelp-probate.htm and the statewide probate forms list: https://www.courts.ca.gov/forms.htm?category=probate. You can review the California Probate Code at: https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROBATE.

1) Basic required filings

• Petition to Probate (Petition for Letters): The formal petition asking the court to admit the will (if there is one) and to appoint a personal representative, or to appoint an administrator if there is no will. The most common probate petition form used statewide is the Petition for Probate (see California form DE-111 or a local equivalent available from the county court). The petition identifies the decedent, the petitioner, heirs, beneficiaries, and the estate assets and requests appointment and letters.
• Original will and any codicils: If the decedent left a will, file the original will (or a certified copy if the original is unavailable) with the petition. If you hold the original will, you typically lodge it with the court when filing.
• Certified copy of the death certificate: A certified (not photocopy) death certificate is required for court filing and to deal with banks and other institutions.
• Notice documents: Probate law requires notice to heirs, beneficiaries, surviving spouse, and other interested persons. Typical filings include the Notice of Petition to Administer Estate and proof of mailing or personal service. The court uses the filed notices to establish who was informed about the probate and when.
• Oath or jurat of the personal representative: The appointed personal representative must take an oath to perform duties faithfully. The court will provide a form or require a jurat (oath) to be completed and filed. This is often filed at or before issuance of Letters.
• Letters (Letters Testamentary or Letters of Administration): After appointment and completion of oath/bond requirements, the court issues letters that authorize the representative to act (collect assets, pay debts, and distribute property). The letters are usually generated by the court after the petition is granted and the oath/bond are accepted.

2) Documents often required depending on circumstances

• Proof of mailing or proof of service: After serving required notices, file proof (affidavit of mailing, form proof of service) showing that service of the notice was completed to the required parties.
• Bond (surety) documents: The court may require a probate bond unless the will waives bond or the court excuses it. If a bond is required, file the bond form and the surety company’s certificate. The bond guarantees the personal representative’s faithful performance of duties.
• Inventory and Appraisal (if ordered): In many administrations the representative must later file an Inventory and Appraisal of estate assets (commonly called the “I&A”). That filing is required later in the probate, not necessarily at initial appointment, unless local rules require an early filing.
• Small estate or summary procedures: If the estate qualifies as a small estate or meets criteria for a summary procedure (for example, to collect personal property under a statutory affidavit), you may instead use a simplified affidavit process. Check the California rules on small estate affidavits and the probate code provisions and court forms for those procedures.
• Other supporting documents: Examples include the decedent’s will subscription affidavits, renunciations by nominated executors, certified marriage or birth records (to establish relationships), bank account statements, and documentation of real property ownership (deeds).

3) Typical filing sequence at the probate court

1. Prepare and file the Petition for Probate and lodge the original will (if there is one).
2. File the certified death certificate.
3. Pay the filing fee or submit a fee waiver application if you qualify.
4. Serve required notices to heirs, beneficiaries, and interested parties and file proof of service.
5. Attend the hearing (if the court schedules one). If no objections are filed and paperwork is in order, the court will appoint the personal representative.
6. File the oath/jurat and any required bond paperwork. After the court accepts these, it will issue Letters Testamentary or Letters of Administration.

4) Helpful links (California resources)

• California Courts – Probate self-help: https://www.courts.ca.gov/selfhelp-probate.htm
• Probate forms index (California Courts): https://www.courts.ca.gov/forms.htm?category=probate
• California Probate Code (full text): https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROBATE
• Locate your county superior court’s probate page (search at the California Courts site above for county-specific filing rules).

Helpful Hints

• Start by contacting the probate clerk at the superior court in the county where the decedent lived — local clerks will provide filing checklists and indicate the exact forms they require.
• Use the statewide probate forms as a starting point (California form numbers such as DE-111 for Petition for Probate and DE-121 for Notice are commonly used), but confirm your county’s preferred versions and any local addenda.
• Obtain several certified copies of the death certificate at the time you order it — banks and other institutions often require certified copies.
• If the decedent’s will expressly waives bond, bring that will provision to the court’s attention and file the relevant form or excerpt to support a bond waiver request.
• Provide complete names and current addresses for heirs and beneficiaries in the petition so notice can be completed accurately. Missing or incorrect addresses can delay appointment.
• Consider whether a small estate affidavit or other informal procedure applies — these can avoid full probate for low-value estates or certain types of property transfers.
• If someone objects to the petition (for example, contesting the will or the proposed personal representative), the case will require additional evidence and probably legal counsel.

What to expect after filing

After documents are accepted, the court will either set a hearing date or, in uncontested matters, issue an order granting the petition. The appointed representative must then take the oath and post a bond if required. Letters issued by the court allow the representative to access estate accounts, manage property, pay debts, and distribute assets under court supervision and applicable law.

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws and procedures change and courts may have different local rules. For advice about a specific matter, contact a licensed California probate attorney or your local probate court clerk.