misc calif probate forms

7/30/2019 Misc Calif Probate Forms

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

ESTATE OF (Name):

DECEDENT

Probate of Will and for Letters TestamentaryPETITION FOR

Letters of Special Administration

Authorization to Administer Under the Independent

Administration of Estates Act with limited authority

Publication will be in (specify name of newspaper):

Petitioner (name each): requests that

decedent's will and codicils, if any, be admitted to probate.

(name):

be appointed

special administrator

fullc.

d. bond not be required for the reasons stated in item 3d.

$ bond be fixed. The bond will be furnished by an admitted surety insurer or as

$

Form Adopted for Mandatory UseJudicial Council of CaliforniaDE-111 [Rev. March 1, 2008]

Probate Code, §§ 8002, 10450www.courtinfo.ca.go

PETITION FOR PROBATE(Probate—Decedents Estates)

in deposits in a blocked account be allowed. Receipts will be filed.

(1)

(2)

(3)

DE-111

of 4

TELEPHONE NO.:

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

with general powers

with general powers

3.

FAX NO. (Optional):

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

executor

administrator with will annexed

administrator

(1)

(2)

(3)

(4)

1.

2.

a.

b.

Publication requested.

Publication to be arranged.

a.

b.

otherwise provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob. Code, § 8482.)

(Specify institution and location):

Probate of Will and for Letters of Administration withWill Annexed

Letters of Administration

limited authority be granted to administer under the Independent Administration of Estates Act.

CASE NUMBER:

HEARING DATE:

DEPT.: TIME:

and Letters issue upon qualification.

Street address, city, and county of decedent's residence at time of death(specify):

a nonresident of California and left an estate in the county named above located at(specify location permitting publication in the newspaper named in item 1):

(2)

Decedent died on (date): at (place):

(1) a resident of the county named above.

a.

b.



Appointment of personal representative (check all applicable boxes):

other reasons (specify):

Appointment of administrator:


of DE-111 [Rev. March 1, 2008]

f.

Appointment of executor or administrator with will annexed:(1)

(2)

d. Will waives bond. Special administrator is the named executor, and the will waives bond.(1)

All beneficiaries are adults and have waived bond, and the will does not require a bond.(Affix waiver as Attachment 3d(2).)

e.codicil dated (specify for each):

The will and all codicils are self-proving (Prob. Code, § 8220).

are affixed as Attachment 3e(2).

Character and estimated value of the property of the estate (complete in all cases): c.

$Personal property:

Annual gross income from

(a) $real property:(b) $personal property:

$Subtotal (add (1) and (2)):

(1)

(2)

(3)

Petitioner is a person entitled to Letters.(If necessary, explain priority in Attachment 3f(2)(a).)

Petitioner is a nominee of a person entitled to Letters.(Affix nomination as Attachment 3f(2)(b).)

(a)

(b)

(c)

Proposed executor is named as executor in the will and consents to act.

No executor is named in the will.

(a)

(b)

(c)

declinationdeathOther named executors will not act because of(d)

(2)

3.

$Total (add (3) and (6)):

$

(5)

Proposed personal representative is a nominee of a person entitled to Letters.

(Affix nomination as Attachment 3f(1)(c).)

Petitioner is related to the decedent as(specify):

All heirs at law are adults and have waived bond. (Affix waiver as Attachment 3d(3).)Sole personal representative is a corporate fiduciary or an exempt government agency.

(3)(4)

Continued in Attachment 3f(1)(d).

Gross fair market value of real property: $ (4)

(6) Net value of real property:

(Less) Encumbrances: $( )

(7)

Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 3f(3).)(3)

(Include typed copies of handwritten documents and English translations of foreign-language documents.)

Decedent died intestate.

Copy of decedent's will dated:

(1)

(2)

Proposed personal representative is ag.

resident of California.

nonresident of California (specify permanent address):

resident of the United States.

nonresident of the United States.

DE-111

CASE NUMBER:ESTATE OF (Name):

DECEDENT

(1)

(2)

(3)

(4)




of 4DE-111 [Rev. March 1, 2008]

(Complete only if no spouse or issue survived decedent.)

died not more than 15 years before decedent and who owned an interest inreal property that passedto decedent,

(1)

(Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply),or (2) no spouse, registered domestic partner, or issue. (Check the first box that applies):

6.

h.

Decedent was survived by a parent or parents who are listed in item 8.

Decedent was survived by issue of deceased parents, all of whom are listed in item 8.

Decedent was survived by a grandparent or grandparents who are listed in item 8.

Decedent was survived by issue of grandparents, all of whom are listed in item 8.

Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.

Decedent was survived by next of kin, all of whom are listed in item 8.

Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))

child as follows:(5)

wasDecedent

Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act.4.

(a)

(b)

(a)

(b)

7.

5. a.

divorced or never married.

spouse deceased.

(3)

(4)

spouse.

no spouse as follows:

(1)

(2)

natural or adopted.

natural adopted by a third party.

no child.

issue of a predeceased child.

no issue of a predeceased child.

(6)

(7)

(8)

was not survived by a stepchild or foster child or children who would have been adopted byb.decedent but for a legal barrier. (See Prob. Code, § 6454.)

Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all ofwhom are listed in item 8.

a.

b.

c.

d.

e.

f.

g.

Decedent was survived by no known next of kin.

died not more than five years before decedent and who ownedpersonal property valued at $10,000or more that passed to decedent,

(If you checked (1) or (2), check only the first box that applies):

(2)

(3)

Decedent had no predeceased spouse.

Decedent had a predeceased spouse who

a.

b.

neither (1) nor (2) apply.

registered domestic partner.

no registered domestic partner.

(See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.)

Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.

Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8.

Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8

Decedent was survived by next of kin of the decedent, all of whom are listed in item 8.

Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8.

(a)

(b)

(c)

(d)

(e)

8. Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably

ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether living or deceased; (2) all persons

named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the

trustee and personal representative are the same person.

DE-111


DECEDENT



9. Number of pages attached: _____

Continued on Attachment 8.

Date:

* (Signatures of all petitioners are also required. All petitioners must sign, but the petition may be verified by any one of them (Prob. Code, §§ 1020, 1021; Cal. Rules of Court, rule 7.103).)

Name and relationship to decedent Age Address8.

(SIGNATURE OF ATTORNEY)*

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(SIGNATURE OF PETITIONER)(TYPE OR PRINT NAME OF PETITIONER)


DE-111 [Rev. March 1, 2008] of 4

(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)

(TYPE OR PRINT NAME OF ATTORNEY )

Signatures of additional petitioners follow last attachment.

DE-111


DECEDENT



ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) : RESERVED FOR CLERK'S FILE STAMP

ATTORNEY FOR (Name) :

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

COURTHOUSE ADDRESS:

Estate of:

DECEDENT CONSERVATEE MINOR

CASE NUMBER:

APPLICATION AND ORDER APPPOINTING PROBATE REFEREE

It is requested that a Probate Referee be appointed to appraise the assets of the above-entitled estate consisting the following approximate values:

1. CASH $

2. REAL ESTATE $

3. PERSONAL PROPERTY $

REMARKS

ated:SIGNATURE OF APPLICANT

IT IS ORDERED that (name):

disinterested person is appointed Probate Referee to appraise the above-entitled estate. The Probate Referee is authorized tstablish the fair market value of the estate as of the date of death of the decedent, or as of the date of appointment of aonservator or guardian, under the laws of the State of California.

ated:JUDGE OF THE SUPERIOR COURT

O 001 01-02 APPLICATION AND ORDER APPPOINTING PROBATE REFEREE Probate Code § 8920



FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):


STREET ADDRESS:

MAILING ADDRESS:CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name):

DECEDENT

DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE

and Acknowledgment of Receipt

CASE NUMBER:


When the court appoints you as personal representative of an estate, you become an officer of the court and assumecertain duties and obligations. An attorney is best qualified to advise you about these matters. You should understand the

following:1. MANAGING THE ESTATE'S ASSETS

Prudent investmentsYou must manage the estate assets with the care of a prudent person dealing with someone else's property. Thismeans that you must be cautious and may not make any speculative investments.

Keep estate assets separateYou must keep the money and property in this estate separate from anyone else's, including your own. When youopen a bank account for the estate, the account name must indicate that it is an estate account and not your personalaccount. Never deposit estate funds in your personal account or otherwise mix them with your or anyone else'sproperty. Securities in the estate must also be held in a name that shows they are estate property and not yourpersonal property.

Interest-bearing accounts and other investments

Except for checking accounts intended for ordinary administration expenses, estate accounts must earn interest. Youmay deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney beforemaking other kinds of investments.

Other restrictionsThere are many other restrictions on your authority to deal with estate property. You should not spend any of theestate's money unless you have received permission from the court or have been advised to do so by an attorney.You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond.Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. If you do notobtain the court's permission when it is required, you may be removed as personal representative or you may berequired to reimburse the estate from your own personal funds, or both. You should consult with an attorneyconcerning the legal requirements affecting sales, leases, mortgages, and investments of estate property.

2. INVENTORY OF ESTATE PROPERTYLocate the estate's property

Determine the value of the propertyYou must arrange to have a court-appointed referee determine the value of the property unless the appointment iswaived by the court. You, rather than the referee, must determine the value of certain "cash items." An attorney canadvise you about how to do this.

File an inventory and appraisalWithin four months after Letters are first issued to you as personal representative, you must file with the court aninventory and appraisal of all the assets in the estate.


(Probate)

Form Adopted for Mandatory UseJudicial Council of California

DE-147 [Rev. January 1, 2002]

Probate Code, § 8404

You must attempt to locate and take possession of all the decedent's property to be administered in the estate.

DE-147

a.

b.

c.

d.

a.

b.

c.


TELEPHONE NO.: FAX NO. (Optional):

E–MAIL ADDRESS (Optional):

Page 1 of 2



CONFIDENTIAL INFORMATION: If required to do so by local court rule, you must provide your date of birth and driver'slicense number on supplemental Form DE-147S. (Prob. Code, § 8404(b).)

NOTICE:

File a change of ownershipAt the time you file the inventory and appraisal, you must also file a change of ownership statement with the countyrecorder or assessor in each county where the decedent owned real property at the time of death, as provided insection 480 of the California Revenue and Taxation Code.

3. NOTICE TO CREDITORS

You must mail a notice of administration to each known creditor of the decedent within four months after your appointmentas personal representative. If the decedent received Medi-Cal assistance, you must notify the State Director of HealthServices within 90 days after appointment.

4. INSURANCEYou should determine that there is appropriate and adequate insurance covering the assets and risks of the estate.Maintain the insurance in force during the entire period of the administration.

Keep accountsYou must keep complete and accurate records of each financial transaction affecting the estate. You will have toprepare an account of all money and property you have received, what you have spent, and the date of eachtransaction. You must describe in detail what you have left after the payment of expenses.

Court reviewYour account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do notfile your accounts as required, the court will order you to do so. You may be removed as personal representative if youfail to comply.

6. CONSULTING AN ATTORNEYIf you have an attorney, you should cooperate with the attorney at all times. You and your attorney are responsible forcompleting the estate administration as promptly as possible. When in doubt, contact your attorney.

This statement of duties and liabilities is a summary and is not a complete statement of the law.Your conduct as a personal representative is governed by the law itself and not by this summary.

ACKNOWLEDGMENT OF RECEIPT1. I have petitioned the court to be appointed as a personal representative.

2. My address and telephone number are (specify):

Date:

(SIGNATURE OF PETITIONER)(TYPE OR PRINT NAME)

Date:

(SIGNATURE OF PETITIONER)(TYPE OR PRINT NAME)


(Probate)

Page 2 of 2DE-147 [Rev. January 1, 2002]

ESTATE OF (Name):

DECEDENT

CASE NUMBER:

5. RECORD KEEPING

d.

a.

b.

If you fail to perform your duties or to meet the deadlines, the court may reduce yourcompensation, remove you from office, and impose other sanctions.

1.

2.

3. I acknowledge that I have received a copy of this statement of the duties and liabilities of the office of personal

representative.



DE-160/GC-040FOR COURT USE ONLY

ESTATE OF (Name):

MINORCONSERVATEEDECEDENT

CASE NUMBER:

INVENTORY AND APPRAISAL

Partial No.: CorrectedDate of Death of Decedent or of Appointment of Guardian or Conservator:Reappraisal for SaleFinal

Property Tax CertificateSupplemental

APPRAISALS

$1. Total appraisal by representative, guardian, or conservator (Attachment 1):

$

TOTAL:

DECLARATION OF REPRESENTATIVE, GUARDIAN, CONSERVATOR, OR SMALL ESTATE CLAIMANT

all a portion of the estate that has come to my knowledge or possession, including particularly all money and all

just claims the estate has against me. I have truly, honestly, and impartially appraised to the best of my ability each item set forth in

Attachment 1.

by order of the court dated (specify):No probate referee is required4.5. Property tax certificate. I certify that the requirements of Revenue and Taxation Code section 480

a. are not applicable because the decedent owned no real property in California at the time of death.have been satisfied by the filing of a change of ownership statement with the county recorder or assessor of each county inCalifornia in which the decedent owned property at the time of death.

b.


Date:

(SIGNATURE)(TYPE OR PRINT NAME; INCLUDE TITLE IF CORPORATE OFFICER)

STATEMENT ABOUT THE BOND

Bond is waived, or the sole fiduciary is a corporate fiduciary or an exempt government agency.6.Sufficient Insufficient7. Bond filed in the amount of: $

have been filed with the court for deposits in a blocked account at (specify 8. Receipts for: $

institution and location):

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY)

Page 1 of 2

Probate Code, §§ 2610-2616, 8800-8980Cal. Rules of Court, rule 7.501

www.courtinfo.ca.gov


DE-160/GC-040 [Rev. January 1, 2007]

INVENTORY AND APPRAISAL

3. Attachments 1 and 2 together with all prior inventories filed contain a true statement of

(Complete in all cases. Must be signed by attorney for fiduciary, or by fiduciary without an attorney.)

$

2. Total appraisal by referee (Attachment 2):

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

TELEPHONE NO.: FAX NO. (Optional):




STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:




MINORCONSERVATEEDECEDENT

DECLARATION OF PROBATE REFEREE

9. I have truly, honestly, and impartially appraised to the best of my ability each item set forth in Attachment 2.

Statutory commission:

Expenses (specify):

$

TOTAL:


Date:

(SIGNATURE OF REFEREE)(TYPE OR PRINT NAME)

(See Probate Code sections 2610-2616, 8801, 8804, 8852, 8905, 8960, 8961, and 8963 for additional instructions.)

1. See Probate Code section 8850 for items to be included in the inventory.

2. If the minor or conservatee is or has been during the guardianship or conservatorship confined in a state hospitalunder the jurisdiction of the State Department of Mental Health or the State Department of Developmental Services,mail a copy to the director of the appropriate department in Sacramento. (Prob. Code, § 2611.)

3. The representative, guardian, conservator, or small estate claimant shall list on Attachment 1 and appraise as of thedate of death of the decedent or the date of appointment of the guardian or conservator, at fair market value, moneys,currency, cash items, bank accounts and amounts on deposit with each financial institution (as defined in ProbateCode section 40), and the proceeds of life and accident insurance policies and retirement plans payable upon death inlump sum amounts to the estate, except items whose fair market value is, in the opinion of the representative, an

amount different from the ostensible value or specified amount.

4. The representative, guardian, conservator, or small estate claimant shall list in Attachment 2 all other assets of theestate which shall be appraised by the referee.

5. If joint tenancy and other assets are listed for appraisal purposes only and not as part of the probate estate, they mustbe separately listed on additional attachments and their value excluded from the total valuation of Attachments 1 and 2.

6. Each attachment should conform to the format approved by the Judicial Council. (See Inventory and Appraisal Attach-

ment (form DE-161/GC-041) and Cal. Rules of Court, rules 2.100—2.119.)

DE-160/GC-040 [Rev. January 1, 2007] Page 2 of 2INVENTORY AND APPRAISAL

10. A true account of my commission and expenses actually and necessarily incurred pursuant to my appointment is:

$

$

INSTRUCTIONS

DE-160/GC-040



FOR COURT USE ONLY TELEPHONE AND FAX NOS.:ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) :



STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name):

DECEDENT

LETTERSTESTAMENTARY OF ADMINISTRATION

SPECIAL ADMINISTRATIONOF ADMINISTRATION WITH WILL ANNEXED

CASE NUMBER:

LETTERS AFFIRMATION1. The last will of the decedent named above having

been proved, the court appoints (name):

PUBLIC ADMINISTRATOR: No affirmation required

(Prob. Code, § 7621(c)).

1.

2. INDIVIDUAL: I solemnly affirm that I will perform the

duties of personal representative according to law.

executor.a.

b. administrator with will annexed.

2. The court appoints (name):

3. INSTITUTIONAL FIDUCIARY (name):

I solemnly affirm that the institution will perform theadministrator of the decedent's estate.

special administrator of decedent's estateduties of personal representative according to law.

a.b.

I make this affirmation for myself as an individual and

on behalf of the institution as an officer.

(Name and title):

(1) with the special powers specified

in the Order for Probate .

with the powers of a general(2)

administrator.

3. The personal representative is authorized to administer

the estate under the Independent Administration of

Estates Act with full authority

4. Executed on (date):with limited authority (no authority, without

, California.at (place):court supervision, to (1) sell or exchange real property

or (2) grant an option to purchase real property or (3)

borrow money with the loan secured by an

encumbrance upon real property).

(SIGNATURE)

WITNESS, clerk of the court, with seal of the court affixed.

CERTIFICATIONI certify that this document is a correct copy of the original on

Date:

file in my office and the letters issued the personal representa-

tive appointed above have not been revoked, annulled, or set

aside, and are still in full force and effect.

Clerk, by

(DEPUTY)

(SEAL) (SEAL) Date:

Clerk, by

(DEPUTY)

Probate Code, §§ 1001, 84038405, 8544, 8545

Code of Civil Procedure, § 2015.

LETTERS(Probate)

DE-150

(3) letters will expire on (date):

4. The personal representative is not authorized to takepossession of money or any other property without aspecific court order.

Form Approved by theJudicial Council of California


Mandatory Form [1/1/2000]



with full authority under the act.

with limited authority under the act (there is no authority, without court supervision, to (1) sell or exchange real property or

(2) grant an option to purchase real property or (3) borrow money with the loan secured by an encumbrance upon real

property).

FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): TELEPHONE AND FAX NOS.:



STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name):

DECEDENT

CASE NUMBER:

NOTICE OF PROPOSED ACTIONIndependent Administration of Estates Act

NOTICE: If you do not object in writing or obtain a court order preventing the action proposed below, you will be treated asif you consented to the proposed action and you may not object after the proposed action has been taken. If you

object, the personal representative may take the proposed action only under court supervision. An objectionform is on the reverse. If you wish to object, you may use the form or prepare your own written objection.

1. The personal representative (executor or administrator) of the estate of the deceased is (names):

2. The personal representative has authority to administer the estate without court supervision under the Independent Administration

of Estates Act (Prob. Code, § 10400 et seq.)

a.

b.

3. On or after (date): , the personal representative will take the following action without court

supervision (describe in specific terms here or in Attachment 3):

The proposed action is described in an attachment labeled Attachment 3.

4. Real property transaction (Check this box and complete item 4b if the proposed action involves a sale or exchange or a grant of an option to purchase real property.)

a. The material terms of the transaction are specified in item 3, including any sale price and the amount of or method ofcalculating any commission or compensation to an agent or broker.

b. $ is the value of the subject property in the probate inventory. No inventory yet.

NOTICE: A sale of real property without court supervision means that the sale will NOT be presented to the court forconfirmation at a hearing at which higher bids for the property may be presented and the property sold to thehighest bidder.

(Continued on reverse)

NOTICE OF PROPOSED ACTIONObjection—Consent

(Probate)



Probate Code, § 10580 et seq

DE-165

Objection Consent



ESTATE OF (Name):

DECEDENT

CASE NUMBER:

5. If you OBJECT to the proposed actiona. Sign the objection form below and deliver or mail it to the personal representative at the following address (specify name and

address):

ORb. Send your own written objection to the address in item 5a. (Be sure to identify the proposed action and state that you object to it.)

ORc. Apply to the court for an order preventing the personal representative from taking the proposed action without court supervision.

d. NOTE: Your written objection or the court order must be received by the personal representative before the date in the box in

item 3, or before the proposed action is taken, whichever is later. If you object, the personal representative may take the

proposed action only under court supervision.

6. If you APPROVE the proposed action, you may sign the consent form below and return it to the address in item 5a. If you do not

object in writing or obtain a court order, you will be treated as if you consented to the proposed action.

7. If you need more INFORMATION, call (name):(telephone):

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .(SIGNATURE OF PERSONAL REPRESENTATIVE OR ATTORNEY)(TYPE OR PRINT NAME)

OBJECTION TO PROPOSED ACTION

I OBJECT to the action proposed in item 3.

NOTICE: Sign and return this form (both sides) to the address in item 5a. The form must be received before the date in the

box in item 3, or before the proposed action is taken, whichever is later. (You may want to use certified mail, with

return receipt requested. Make a copy of this form for your records.)

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(SIGNATURE OF OBJECTOR)(TYPE OR PRINT NAME)

CONSENT TO PROPOSED ACTION

I CONSENT to the action proposed in item 3.

NOTICE: You may indicate your consent by signing and returning this form (both sides) to the address in item 5a. If you

do not object in writing or obtain a court order, you will be treated as if you consented to the proposed action.

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(SIGNATURE OF CONSENTER)(TYPE OR PRINT NAME)

NOTICE OF PROPOSED ACTIONObjection—Consent

(Probate)

Page twoDE-165 [Rev. January 1, 1998]



TELEPHONE AND FAX NOS.:ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) : FOR COURT USE ONLY



CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name):

DECEDENT

ORDER FOR PROBATE CASE NUMBER:

ORDER Executor

APPOINTING Administrator with Will Annexed

Special AdministratorAdministrator

Order Authorizing Independent Administration of Estate

with limited authoritywith full authority

Time: Dept./Room: Judge:1. Date of hearing:

THE COURT FINDS

2. a. All notices required by law have been given.

a resident of the California county named above.

a nonresident of California and left an estate in the county named above.

(1)

(2)c. Decedent died

intestate(1)

testate(2)

and decedent's will dated: and each codicil dated:

was admitted to probate by Minute Order on (date):

THE COURT ORDERS

3. (Name):is appointed personal representative:

executor of the decedent's will

administrator with will annexed

administrator

a. d. special administrator

b. with general powers

with special powers as specified in Attachment 3d(2)

without notice of hearing

(1)

(2)

(3)

and letters shall issue on qualification.

WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.

4. a. Full authority is granted to administer the estate under the Independent Administration of Estates Act.

Limited authority is granted to administer the estate under the Independent Administration of Estates Act (there is no

authority, without court supervision, to (1) sell or exchange real property or (2) grant an option to purchase real property or

(3) borrow money with the loan secured by an encumbrance upon real property).

Bond is not required.

Bond is fixed at: $provided by law.

Deposits of: $

b.

5. a.

to be furnished by an authorized surety company or as otherwiseb.

are ordered to be placed in a blocked account at (specify institution and

location):

and receipts shall be filed. No withdrawals shall be made without a court order.

6. (Name):

Date:

SIGNATURE FOLLOWS LAST ATTACHMENT7. Number of pages attached: _____

ORDER FOR PROBATE Probate Code, §§ 8006, 8400

DE-140

STREET ADDRESS:

MAILING ADDRESS:

c.

c.

Decedent died on (date):b.

(4) letters will expire on (date):

is appointed probate referee.

JUDGE OF THE SUPERIOR COURT



Mandatory Form [1/1/2000]

d. The personal representative is not authorized to take possession of money or any other property without a specific court order.

Additional orders in Attachment 5c.



confirmation of sale of the estate's interest in other property sold as a unit as described in Attachment 2c.

DE-260/GC-060FOR COURT USE ONLY


DECEDENT CONSERVATEE MINOR

REPORT OF SALE AND PETITION FOR ORDER

CONFIRMING SALE OF REAL PROPERTY

and Sale of Other Property Sold as a Unit

Petitioner (name of each):

is the

purchaser (30 days have passed since the sale) (Attach supporting declaration (Prob. Code, § 10308(b).)

and requests a court order for (check all that apply):

% of the amount of: $

is not required.additional bond is fixed at: $

Description of property sold

100% %Undivided (specify):

Improved Unimproved

Real property sold as a unit with other property(describe in Attachment 2c).

Street address and location (specify):

Legal description is affixed as Attachment 2e.

Appraisal

Date of death of decedent or appointment of conservator or guardian(specify):

Appraised value at above date: $

Amount includes value of other propertyReappraised value within one year before the hearing: $

has been filed will be filed

Manner and terms of sale

attorney for the personal representative.personal representativePurchaser is theb.

Sale was private

Deposit: $Amount bid: $Payment Cash Credit (specify terms on Attachment 4e.)

Other terms of sale (specify terms on Attachment 4f.)

Mode of sale specified in will. Petitioner requests relief from complying for the reasons stated in Attachment 4g.

Terms comply with Probate Code section 2542 (guardianships and conservatorships).

REPORT OF SALE AND PETITION FOR ORDERCONFIRMING SALE OF REAL PROPERTY

(Probate —Decedents' Estates and Guardianships and Conservatorships)


DE-260/GC-060 [Rev. January 1, 2006]

Appraisal or reappraisal by probate referee

Name of purchaser and manner of vesting title (specify):

Interest sold:

(Name):

ESTATE CONSERVATORSHIP GUARDIANSHIP OF

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FAX NO. (Optional): TELEPHONE NO.:



Page 1 of 2

1.

2.

3.

a.

b.

c.

d.

4.

a.

e.

Probate Code, §§ 2540, 10308www.courtinfo.ca.go

confirmation of sale of the estate's interest in the real property described in Attachment 2e

approval of commission of (specify):

personal representative conservator

a.

b.

c.

d.

a.

b.

c.

d.

sold as a unit. (If more than one year has elapsed from the date in item 3a to the date of the hearing, reappraisal is required.)

c.

d.

e.

public on (date):

f.

g.

h.

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

guardian of the estate of the decedent, conservatee, or minor

has been waived by order dated:

CASE NUMBER:

HEARING DATE AND TIME: DEPT.:



CASE NUMBER:

Commission

Sale without brokera.

contract for commission was entered into with (name):exclusive nonexclusiveb. A written

Purchaser was procured by (name):c.

d.

Bond

none.Amount before sale: $

none.Proceeds are to be deposited in a blocked account. Receipts will be filed. (Specify institution and location):

Notice of sale

Posted as permitted by Probate Code section 10301 ($5,000 or less)Published

Notice of hearing Personal representative, conservator of the estate, or guardian of the estate:

Special notice:

Formula for overbids

Reason for sale (need not complete if item 7b or 7c checked)

Necessary to paya.

The sale is to the advantage of the estate and in the best interest of the interested persons.b.

Overbid. Required amount of first overbid (see item 10): $

Number of pages attached:

Date:

* (Signature of all petitioners also required (Prob. Code, § 1020).)

(SIGNATURE OF ATTORNEY*)


Date:

(TYPE OR PRINT NAME OF ATTORNEY)

(SIGNATURE OF PETITIONER)(TYPE OR PRINT NAME OF PETITIONER)

REPORT OF SALE AND PETITION FOR ORDERCONFIRMING SALE OF REAL PROPERTY

(Probate —Decedents' Estates and Guardianships and Conservatorships)

DE-260 GC-060 [Rev. January 1, 2006] Page 2 of 2

Commission is to be divided as follows:

Additional amount needed: $

Special devisee:

a licensed real estate broker who is not buying for his or her account.

5.

6.

7.

8.

9.

11.

a.

b.

12.

13.

debts

devise

family allowance

expenses of administration

taxes

(1)

(2)

(3)

(4)

(5)

(1)

(2)

(3)

None requested.

Has been or will be waived.

Required written notice will be given.

(1)

(2)

(3)

None.

Consent to be filed.

Written notice will be given.

c.

(1)

(2)

(3)

Petitioner (consent or notice not required).

Consent to be filed.

Written notice will be given.

Will authorizes sale of the property

Will directs sale of the property

a.

b.

c.

Petitioner's efforts to obtain the highest and best price reasonably attainable for the property were as follows(specify activities taken to expose the property to the market, e.g., multiple listings, advertising, open houses, etc.):

10.

Original bid:

10% of first $10,000 of original bid:

5% of (original bid minus $10,000):

Minimum overbid (a + b + c):

a.

b.

c.

d.

$

$

$

$

a.

b.

c.

ESTATE CONSERVATORSHIP GUARDIANSHIP OF

(Name):

DE-260/GC-060

misc calif probate forms

Documents