California Notice of Petition for Probate--Form DE-121
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- Опубліковано 18 жов 2024
- If you are opening a probate estate in California, then you are required to give notice to all interested parties using Form 121, California Notice of Petition for Probate.
In this video, partner Keith A. Davidson walks you though how to properly fill out Form DE-121.
You can find California Judicial Council forms here: www.courts.ca.g...
You can find Form DE-121 here: www.courts.ca.g...
Great!
This is a godsend. Thank you so much
You're very welcome.
God bless you for the help you are providing to those of us who don't have the funds to pay someone else to complete the forms. THANK YOU! THANK YOU! THANK YOU!!!
Thank you so much for your kind words! Makes it all worth it to know we are helping people in need.
You're Awesome Keith! The information is so so helpful.
Thank you! So glad you found it useful. We try to help all we can.
THANK YOU SIR!!! May God bless you and your family.
Is it required to also send a copy of the will with a copy of the de-111 with this notice? Or is the de-111 enough?
You are doing a great service for people here. You should feel good about helping families who are going through a very rough time and not trying to profit off it. Thank you very much for these videos.
Thank you for your kind words. Glad you are using it and finding our videos helpful.
@@AlDavLaw Great video, I used it to file this form
@@erniearevalos6079 Awesome! Glad you found it useful.
Do you mail page 2 "proof of service by mail" with page 1 "notice of petition to administer estate"? Or is page 2 just to file with the court? Thank you so much for all your great video's. You are a incredibly wonderful person for help people like me that just can afford legal representation, if I could I would . Thank you very much!
Yes you do. Mail page 1 and 2 when giving notice. Glad we could be of help.
@@AlDavLaw I am beside myself how wonderful you are your timely response and the fact that you are helping so many people definitely floods my emotions with a much greater respect for human kindness. Big thanks once again, THANKS!
First of all thank you so much for this video and information. Truly grateful. Question f the decedent is citizen of another country (dual citizenship with the USA), would you list the consular of that country and its address in the US in the same section as others who were served noticed or is there a different form?
How do you file a petition for Instruction?
when mailing the form DE-121 does the server send the proof of service blank (back Part)?
No, the person serving notice fills out the proof of service and then mails it the same day. If the proof of service says it was mailed today, then you would fill that out, sign it, and mail it today. Hope that helps!
Are you required to complete a DE-121 if you are only requesting letters of Administration for a bank review and forensic accounting?
Thank you !
You’re welcome.
Thank you for making this video and your others available. For those who cannot afford a lawyer, this is a huge help! One question: Do we need to list creditors on DE-121? How about ex-spouse?
No, creditors will be notified using the creditor claim form. They are not listed on the DE-121. As for ex-spouse, it never hurts to notice everyone.
Thank you greatly!!!
If you are the petitioner, have no one to mail the notice to, because you are an only child and only heir, and only need to publish the notice to the newspaper, are you even required to fill out page 2 of 2?
Technically, no. But we would fill it out anyway because the court clerks and other personnel may not understand that there is no one to serve as they may not look through your will and/or petition carefully. As such, just fill in your own name if you are the only person named in the Will and the only heir and save yourself the trouble of having something kicked back by mistake.
Under "Proof of Service" you did not cover the fact that if the Administrator of the will is also a party to the cause that someone other than a party to the cause must mail this.. Am I understanding this correctly?
Can the petitioner mail the notice? I"m asking because line 1 reads "...and not a party to this cause." Thank you
Petitioner cannot mail notice. Hire a process server to do this.
Form 125
Would I use this form for Petition for final distribution? I would like to see a video on how to do a final distribution in Sacramento county. I recently sent a order but am being told I'm missing petition for final distribution. I see many forms and samples but for other county's. Please advise 🙏
There is not standard pre-printed form for closing the estate. The Petition for Final Distribution is a form you have to draft yourself. A video on that would be a great idea. We will definitely put it into the works.
@Albertson & Davidson LLP I drafted a form which is referenced to a pleading form and the courts said it was an order and the final distribution was missing. So I'm not sure how I should distribute mothers bank account and home she still owes. Those are the only things we have to distribute
@@carmenviramontes3559 Sounds like you are missing the Petition for Final Distribution. It is not just a form, it is a petition that requires a hearing date and notice to all interested parties. Once the petition is filed, then you have a hearing where the court will either grant the petition or request additional information. Only after your Petition for Final Distribution is approved by the court will you submit the order. It's a bit tougher to close an estate than just filing a final order.
Do we give notice to those siblings that are out of the country?
Yes you do.
My sister died intestate and has no assets. She did have two Bank of America accounts which I have already claimed via the California Small Estate Affidavit. Now I need to have copies of her bank statements and the bank is asking for letters of administration. It appears to be an expensive way just to get copies of statements. Is there any other legal way to obtain those statements from the bank?
You got to love banks, they always make things difficult. While they should be willing to provide you with the statements, banks often make up their own rules. There is no way to force the bank to act outside of court. The only other option is to file a petition for special administration and then serve a subpoena on the bank. The problem is just the filing fee alone will cost you close to $500 for the petition. Maybe try to speak with another bank manager.
What if I sent the notices without a copy of the petition? Can I resend the notices with a copy of the petition even if it is past the 15 day mark?
Generally speaking a copy of the petition is not required to be sent with the notice, unless you check the box saying that it is included. You can re-send the notice with a copy of the petition, but your hearing may be continued if the notice is not timely. Not a big deal though since your hearing will likely be continued the first time no matter what you do. As always, you should consult an attorney to obtain a specific answer to your question--this is just general information.
@@AlDavLaw Thank you, and thank you for doing these videos. Is there a reason why the first hearing would be continued?
@@mrs.c9223 there’s lots of reasons why it could be continued. It all depends if the judge is satisfied that everything is in order with notice, publication, and all matters contained in the petition. You can check the probate notes a few days before your hearing to see what the court is recommending on your petition. If your matter is continued, then you can just take the actions the court ask of you and you’ll probably be approved at the next hearing.
@@AlDavLaw Thank you. Would you know how long after it is continued for? Are we talking a week, a month, shorter or longer?
@@mrs.c9223 It all depends on the court's calendar and the issues that need to be addressed. It could be anywhere from a couple weeks to a month, but not typically any more than that.
On the PRO010 coversheet, do I mark "petition - letters of administration" or "petition - probate of will" ? If I'm listed at executor in the will, do I just need to probate the will? will that give me the testamentary letters I need? Or do I need to petition for both?
If you are named in the will as Executor, then you can ignore the administration part. You are asking to probate the Will, and you are asking that you be appointed Executor. Once the court grants your petition, then you will be able to obtain Letters Testamentary from the court clerk.
@@AlDavLaw thank you so so so much!!! These videos have been so helpful and appreciated. Thank you ❤️
@@JUSTINBOYER You are very welcome. Hope they help you get through your probate. It's not hard to do, just a bit confusing at times.
Please explain how to "give notice" . I'm currently in the process of filing and not sure how to do that. Myself and brother, whom I live with, are named in the will, and there is also a living spouse, not named in the will. Thanks for these great videos
Everyone named in the will must be given notice. Fill out form DE-121. Then have a process server company in your area to “give notice.” They will go to each persons home and serve them this paperwork. There is a cost for the process server.
@@pokerschool77 Do you have to use a company? I am only serving my brother and we are doing this together. Can I use his wife, family member, or a friend? Thank you in advance.
Hello, on this form are you listng only family or do you have to list the creditors too? What if creditors weren't listed. Would I be covered with Notice to creditors De-157?
This form is for interested parties, but not creditors. Creditors are notified used Notice to Creditors DE-157.
@@AlDavLaw Thank-you for the wealth of knowledge.
@@AlDavLaw Is it required to give notice to the mortgage co, utility co, credit card co, or Bath Fitters type co.?
@@Kyle-ev4fk All creditors of the estate should receive notice using form DE-157 once the probate is open. That would include the mortgage company, utilities, and credit card companies. I am not familiar with Bath Fitters, but you want to notice any creditor who you think does or might have a claim because it starts the deadline by which they must either file their claim in the probate court case or be forever barred from bringing a claim agains the estate.
@@AlDavLaw Thank you so much.
What if you're the only child/only heir how would you fill this form out?
You could just list yourself. You really don't have to give yourself notice if you are also the Petitioner, but sometimes it's easier to get things done with the court if you file the DE-121 with only yourself listed. Trying to proceed without filing a DE-121 can cause problems because the court staff will be expecting to see one filed. Hope that helps. Good luck.
@@AlDavLaw thank you for a rapid reply. Appreciated!
Keith Davidson, I paid $41 for a 30 minute consultation and was told that my only choice was to pay 4% for first 100k, 3% of 2nd 100k, and 2% for remainder. You are a saint for putting out these videos! If I have some follow up questions, can you tell me your hourly rate?
We are so glad to hear you found our videos helpful. Doing a probate on your own is doable--not always easy or obvious--but definitely doable.
Do all known potential heirs need to be notified? Why would a step-child of a decceased step mother gets
letter and not the step-son?
Yes, all potential heirs must be notified.
I am an only child,before my mom passed away. I am aware that she made a will, during this time I was going through a rough time in my life. So we both decided to have my uncle to be the person who will be dealing with her will. When she died my uncle put me out her condo where she only had a balance of 10 thousand. During my rehabilitation I found out that he sold it, he also offered me some money to sign a paper which I declined. He also told me once my mom dies the settlement she was going to get from her lawsuit is no longer valid. Which I found out later on was a lie.
I am not financially able to afford a lawyer, any suggestion is highly appreciated.
IF YOUR ARENT DIED INTESTATE WITH NO SPOUSE AND YOU ARE AN ONLY CHILD AND THERBY THE ONLY HEIR AT LAW DO YOU HAVE TO NOTICE YOUR OWN SELF OR YOUR OWN KIDS
Generally, you do not have to notice yourself. Of course, you should seek the advice of a lawyer to answer your specific question.