California Probate Forms: The Complete DE-Series Reference

California probate runs entirely on standardized Judicial Council forms. Every filing, from the initial petition to the final discharge order, requires the correct DE-series form with the correct revision date. Submit an outdated version and the court clerk will reject it at the counter—or worse, accept it and have the probate examiner flag it for a deficiency notice that delays your hearing by weeks.

This reference covers every significant form in the California probate process, organized by phase of administration.

Where to Get California Probate Forms

All Judicial Council forms are available free at courts.ca.gov under the Forms section. Always download directly from this source. Third-party sites, outdated PDFs from attorney firm websites, and copies floating around in email attachments may be outdated. The Judicial Council revises probate forms periodically; the current revision date appears in small print at the bottom of every form.

Several counties also have local forms that are required in addition to state forms. Check your county superior court's probate division website—particularly if you are in Los Angeles, Orange, San Diego, Santa Clara, or San Mateo counties, all of which have supplemental local requirements.

Threshold and Eligibility Determination Forms

Before filing anything with the court, you need to establish the gross value of the estate and determine whether you qualify for simplified procedures.

DE-300: Decedents' Estates — Maximum Values for Simplified Procedures

This is not a filing form—it is the official reference document published by the Judicial Council that sets the current dollar thresholds for summary procedures. The Judicial Council adjusts DE-300 every three years for inflation. The current version, effective April 1, 2025, sets:

• $208,850 for small estate personal property affidavits (Probate Code Section 13100)
• $750,000 for the primary residence succession petition under AB 2016 (Probate Code Section 13150)
• $69,625 for the affidavit for small-value real property (Probate Code Section 13200)

Print the current DE-300 and keep it with your estate records. Any question about whether you qualify for a simplified procedure references this document.

Summary Procedure Forms (Small Estates)

DE-305: Affidavit for Real Property of Small Value (§13200)

Used to transfer non-primary real estate—vacant land, timeshare interests, desert parcels—with a gross value at or below $69,625. Must be notarized. Cannot be filed until six months after death.

DE-310: Petition to Determine Succession to Property

The key form under AB 2016 for transferring a primary residence with gross value at or below $750,000. Requires a court hearing and a 6-month waiting period from death. The petitioner must demonstrate the property qualifies as the deceased's primary residence. Unlike formal probate, no probate referee appraisal is required unless the court orders one, but a supporting declaration of value is typically needed.

Initial Petition Phase Forms

DE-111: Petition for Probate

The foundational filing that initiates formal probate. This multi-section form asks the court to admit a will, appoint a personal representative, and grant administrative authority. Sections include:

• Identification of all surviving heirs and beneficiaries
• Gross estate value estimate
• Request for IAEA authority (full or limited)
• Bond waiver request (if the will permits or all heirs consent)
• Specific powers requested

DE-120: Notice of Petition to Administer Estate

The internal court notice—distinct from DE-121 which is the published version. Used to formally notify named heirs and persons entitled to notification of the petition.

DE-121: Notice of Petition to Administer Estate (For Publication)

The public notice that must be published in a newspaper of general circulation three times over three consecutive weeks before the initial hearing. After publication, the newspaper issues a proof of publication affidavit that must be filed with the court.

DE-140: Order for Probate

The proposed court order that grants the petition. Typically submitted with DE-111. Once the judge signs it, the personal representative is officially appointed and Letters can be issued.

DE-147: Duties and Liabilities of Personal Representative

An acknowledgment form that the proposed personal representative must sign, confirming they have read and understand their fiduciary duties. Required before Letters are issued.

DE-160 and DE-161: Inventory and Appraisal

Two-part form filed within four months of appointment:

• DE-160: Cover sheet with summary of estate assets
• DE-161: Continuation sheets listing individual assets

Assets are divided across two attachments:

• Attachment 1 (executor-appraised): Cash, bank accounts, money market funds, uncashed checks, life insurance payable to estate
• Attachment 2 (Probate Referee-appraised): All other assets—real estate, vehicles, jewelry, securities, business interests

The Probate Referee completes Attachment 2 and returns the executed DE-160/161 for court filing.

Letters and Authority Documents

DE-150: Letters Testamentary / Letters of Administration

The document that proves the executor's or administrator's legal authority. Banks, brokerage firms, DMV, and title companies all require certified copies. The court clerk charges $40 per certification plus per-page copy fees.

Letters Testamentary are issued when there is a will. Letters of Administration are issued for intestate estates. Both use the same form; the type is designated by checking the appropriate box.

Letters have an expiration date—typically 6 to 12 months—which can create complications in long-running estates. If your Letters have expired, you need to petition for new Letters before any institution will honor them.

Notice and Creditor Phase Forms

DE-157: Notice of Administration to Creditors

The formal notice that must be mailed to known or reasonably ascertainable creditors once Letters are issued. Starting the four-month creditor claim window does not require this form—the window opens automatically when Letters issue—but mailing DE-157 is required to protect the estate from claims that might otherwise survive the closure of probate.

DE-172: Creditor's Claim

The form creditors use to file claims against the estate. Executors should be familiar with this form because they must evaluate and either accept or reject each claim within the statutory deadline.

DE-174: Proof of Service of Notice of Administration to Creditors

Documentation that you properly served the creditor notice. File this with the court to demonstrate compliance.

IAEA and Real Estate Transaction Forms

DE-165: Notice of Proposed Action

Required before any significant transaction under IAEA full authority—including real estate sales. Must state the material terms of the proposed action (for a sale: address, buyer, price, broker commission percentage). Served on all beneficiaries and heirs entitled to notice. The 15-day objection window begins on the date of service.

If no written objection is received within 15 days, the beneficiaries permanently waive their right to challenge that specific action. If an objection is filed, the executor must either abandon the proposed action or petition the court for approval.

Final Phase Forms

DE-221: Waiver of Account

Allows beneficiaries to waive the formal accounting requirement. If all beneficiaries consent in writing, the court may accept an informal accounting rather than the full line-item ledger. This can simplify and shorten the final phase considerably for cooperative families.

DE-226: Waiver of Final Accounting (Petition for Final Distribution)

A combined waiver and petition form used when all beneficiaries are in agreement and an informal final distribution is appropriate.

DE-295: Ex Parte Petition for Final Discharge and Order

The final filing. Once the estate is fully distributed, the executor files DE-295 to request formal discharge from their fiduciary duties. This terminates the executor's personal liability. There is no additional filing fee for DE-295.

DE-315: Order for Final Distribution

The court order approving the final accounting, authorizing statutory fees, and directing distribution of net assets to beneficiaries. The judge signs this at the final hearing. After DE-315 is issued, the executor issues checks and deeds, collects signed receipts, then files DE-295 to close the case.

Specialized Petition Forms

DE-111 (with Heggstad petition adaptation): There is no separate Judicial Council form for a Heggstad Petition (Probate Code Section 850). This petition is filed as a noticed petition under Probate Code 850 using supporting declarations, the trust document, and a schedule of assets. Consult a California probate attorney for unfunded trust situations.

DE-270: Petition to Determine Succession to Community Property

Used by a surviving spouse or domestic partner to confirm title to community property through a simplified court proceeding, without triggering the full probate statutory fee schedule.

DE-300 series (local variants): Some counties have supplemental cover sheets, filing requirements, or declaration forms that must accompany standard Judicial Council forms. Always check local rules.

Filing Fees Summary

These are statewide civil fees set by Government Code Section 70650. Individual counties may have additional administrative fees.

Managing Form Versions

The single most common reason for court rejection or examiner notes is using an outdated form. Probate forms are revised when statutes change—the 2025 AB 2016 threshold updates, for example, required revisions to DE-300 and related forms. When you download a form from courts.ca.gov, note the revision date printed at the bottom. If you are working from forms downloaded more than six months ago, re-download before filing.

For a step-by-step guide to completing each form and understanding when to file it in the sequence of administration, the California Probate Process Guide walks through the full DE-series with plain-English instructions at each phase.

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