Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Prepare and File the Probate Petition
Begin by completing the Petition for Probate (Form DE-111). Attach the original will (if one exists), the decedent’s death certificate, and a verified inventory of assets and liabilities. File these documents at the clerk’s office of the Superior Court in the county where the decedent lived. Pay the required filing fee. Once filed, the court clerk will set a hearing date. (Cal. Prob. Code §8120: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8120.&lawCode=PC)
2. Serve Notice of Petition to Administer Estate
At least 15 days before the hearing, serve the Notice of Petition to Administer Estate (Form DE-121) on all heirs, beneficiaries, and any nominated executor named in the will. After service, file a Proof of Service with the court clerk.
3. Publish Notice of Petition for Probate
Within 15 calendar days before the hearing, arrange publication of the Notice of Petition for Probate in a newspaper of general circulation in the county of probate. You may request that the court publish the notice or contact the newspaper directly. After publication, file the Proof of Publication (Form DE-153) with the court.
4. Obtain Letters and Appoint Personal Representative
After the hearing, if the court approves your petition, it will issue Letters Testamentary (with a will) or Letters of Administration (without a will). These letters authorize you to collect assets, pay debts, and distribute property under court supervision.
Specific Steps to Publish Creditor Notices
1. Serve Notice of Administration to Known Creditors
Within 30 days after you receive Letters, mail a Notice of Administration (Form DE-150) to each known creditor. Include a Proof of Mailing (Form DE-160). This service starts the 120-day claims period. (Cal. Prob. Code §§9050–9052: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9050.&lawCode=PC)
2. Publish Notice to Unknown Creditors
If you cannot locate certain creditors, publish a Notice to Creditors once a week for four consecutive weeks in a newspaper of general circulation in the probate county. After the final publication, file the Proof of Publication (Form DE-157) with the court. Creditors who do not present claims within four months of the first publication date are barred from recovery. (Cal. Prob. Code §§9100–9104: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9100.&lawCode=PC)
Helpful Hints
- Track all deadlines on a central calendar to avoid missed dates.
- Confirm local court requirements; some counties add procedures or forms.
- Request a copy of the court file after each major filing to verify receipt.
- Retain proof of every service, mailing, and publication in a dedicated file.
- When in doubt, consult a probate attorney to guide you through complex issues.