FILING PRO
OPENING A DE
Note: The Court is prohibited by law
(Sec. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing
legal advice and completing forms. This
item provides general information concerning the opening of a decedent’s estate
and may be useful as a guide. If you
have any questions, consider contacting an attorney for assistance.
Forms Needed:
PC 559, Petition
for Probate and/or Appointment of Personal Representative
(Testate/Intestate)
PC 565,
Testimony, Interested Persons
PC 561*, Waiver
and Consent
PC 566*,
Supplemental Testimony, Interested Persons, Testate Estate
PC 570*, Bond of
Fiduciary
PC 571,
Acceptance of Appointment
PC 583 or
PC 584, Account of Fiduciary (Note: An account form is used
after a personal representative is appointed and must be filed each year. For information on accounting, see Account of Fiduciary).
Filing Fee - $150.00
Note: A death certificate must also be filed with the Court (a certified copy is not required). If the death certificate is not available, alternative information (i.e., obituary, funeral program, notice, or invoice, religious/memorial card, autopsy report, etc.) must be provided.
UNSUPERVISED ADMINISTRATION (DE case type)
Formal Proceedings (“Petition”)
Formal proceedings are commenced by filing a “Petition
for Probate and/or Appointment of Personal Representative (Testate/Intestate)”
(PC 559) and other related papers. After either a court hearing with proper notice
to all interested persons or upon filing Waiver and Consents from all
interested persons, the probate court may admit a will, determine the heirs of
the deceased, and appoint a personal representative. Once the personal representative is
appointed, they qualify to act by filing an Acceptance of Appointment (PC 571) and any required bond. The personal representative will proceed with
unsupervised administration until the estate is ready to be closed. A petition for a formal proceeding on any
aspect of administration may be filed at any point. A judge then enters any applicable orders
after either a court hearing with proper notice or upon filing of Waivers and
Consents.
SUPERVISED ADMINISTRATION (DA case type)
Supervised administration may be requested by checking
the appropriate box on the “Petition for Probate and/or Appointment of Personal
Representative (Testate/Intestate)” (PC 559). [Note:
the Petition and other papers are the same as those used when filing an
unsupervised estate using formal proceedings.]
Supervised administration may also be requested at any time during
unsupervised administration. If
supervised administration is granted, the personal representative (unless
otherwise ordered by the court), will proceed with the same powers as a
personal representative who is not supervised except that in supervised
administration a personal representative may not make any distributions to
heirs or devisees without a prior court order. There are numerous documents that must be
filed with the Probate Court during supervised administration.
*Forms may or
may not be needed depending on the facts.
* Rev 12/05