How to File a Last Will and Testament With the Court in California
- 1). File a petition to open the probate process. In California, file form DE-111 -- Petition for Probate. The forms can be obtained from the California Superior Court or downloaded from the California Probate website (see the Resources section of this article). Form DE-111 requires that you have detailed financial information about the estate and assets of the deceased. Fill out the form as completely as you can.
- 2). Attach the last will and testament to form DE-111. Make sure that, in accordance with the requirements of California law: 1) the will is dated and signed; 2) the will is witnessed by at least two people with no material interest in the contents of the will; and 3) the will is signed by your witnesses.
- 3). File form DE-111 in the county of the deceased's last residence. Once filed, the court will approve or appoint an executor who will have the power to execute the will, including paying debts and distributing assets.
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