Free DE-121 - California


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Date: June 24, 2009
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State: California
Category: Court Forms - State
Author: RPrice
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http://www.courtinfo.ca.gov/forms/documents/de121.pdf

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DE-121
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

ESTATE OF (Name): DECEDENT

NOTICE OF PETITION TO ADMINISTER ESTATE OF (Name):

CASE NUMBER:

1. To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both, of (specify all names by which the decedent was known): 2. A Petition for Probate has been filed by (name of petitioner): in the Superior Court of California, County of (specify): 3. The Petition for Probate requests that (name): be appointed as personal representative to administer the estate of the decedent. 4. The petition requests the decedent's will and codicils, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court. The petition requests authority to administer the estate under the Independent Administration of Estates Act. (This authority 5. will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority. 6. A hearing on the petition will be held in this court as follows: a. b. 7. 8. Date: Address of court: Time: same as noted above Dept.: other (specify): Room:

If you object to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. If you are a creditor or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal representative appointed by the court within four months from the date of first issuance of letters as provided in Probate Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above. You may examine the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk. Petitioner (Address): Attorney for petitioner (name):

9.

10.

(Telephone):
NOTE: If this notice is published, print the caption, beginning with the words NOTICE OF PETITION TO ADMINISTER ESTATE, and do not print the information from the
form above the caption. The caption and the decedent's name must be printed in at least 8-point type and the text in at least 7-point type. Print the case number as part of the caption. Print items preceded by a box only if the box is checked. Do not print the italicized instructions in parentheses, the paragraph numbers, the mailing information, or the material on page 2.
Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California DE-121 [Rev. January 1, 2006]

NOTICE OF PETITION TO ADMINISTER ESTATE
(Probate--Decedents' Estates)

Probate Code, 8100 www.courtinfo.ca.gov American LegalNet, Inc. www.USCourtForms.com

DE-121
ESTATE OF (Name): DECEDENT
CASE NUMBER:

PROOF OF SERVICE BY MAIL
1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. 2. My residence or business address is (specify):

3. I served the foregoing Notice of Petition to Administer Estate on each person named below by enclosing a copy in an envelope addressed as shown below AND a. b. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4, with the postage fully prepaid. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. Date mailed: b. Place mailed (city, state):

4. a. 5.

I served, with the Notice of Petition to Administer Estate, a copy of the petition or other document referred to in the notice.

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

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)

(SIGNATURE OF PERSON COMPLETING THIS FORM)

NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED Name of person served 1. Address (number, street, city, state, and zip code)

2.

3.

4.

5.

6.

Continued on an attachment. (You may use form DE-121(MA) to show additional persons served.) Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code section 54.8.)
DE-121 [Rev. January 1, 2006] Page 2 of 2

NOTICE OF PETITION TO ADMINISTER ESTATE
(Probate--Decedents' Estates)