Settled Estate

California probate forms

California Probate Forms Finder

Find the forms you need based on your situation. California uses Judicial Council forms (DE series) that are the same statewide.

Find your county court

Probate is filed at the county level, not the state level, and we do not yet have a statewide county-court lookup for California. Search online for the probate court in the county where the deceased lived.

Official sources

California probate procedures

Small Estate AffidavitSuccessors of deceased with small personal property estates1 formOften self-filed

For collecting personal property under $208,850 without court filing

Who qualifies

  • Estate personal property is $208,850 or less
  • 40+ days have passed since death
  • No formal probate proceeding pending
  • You are entitled to the property under the will or intestate succession

Forms

  • Affidavit for Collection of Personal Property
    Self-prepared affidavit or declaration under penalty of perjury used to collect personal property from banks, brokerages, and other holders. California has no statewide Judicial Council (DE-series) form for this affidavit; many institutions provide their own version. Form DE-300 (current value limits) must be attached.
Affidavit re Real Property of Small ValueSuccessors of deceased with qualifying real property1 formOften self-filed

For transferring real property of small value ($69,625 or less) without formal probate

Who qualifies

  • Gross value of all the decedent's California real property is $69,625 or less (deaths on or after April 1, 2025)
  • 6+ months have passed since death
  • No formal probate proceeding pending
  • You are entitled to the property under the will or intestate succession

Forms

  • Affidavit re Real Property of Small ValueDE-305
    Recorded/filed affidavit to transfer real property of small value without formal probate (Prob. Code § 13200). Form DE-300 must be attached.
Petition to Determine Succession to Primary ResidenceSuccessors claiming the decedent's primary residence2 formsOften self-filed

Court petition to pass the decedent's primary residence (gross value $750,000 or less) to successors without full probate

Who qualifies

  • The property is the decedent's primary residence in California
  • Gross value of the primary residence is $750,000 or less (deaths on or after April 1, 2025)
  • At least 40 days have passed since death
  • No formal probate proceeding pending in California

Forms

  • Petition to Determine Succession to Primary ResidenceDE-310
    Petition asking the court to determine that the decedent's primary residence passes to the petitioner (Prob. Code §§ 13150-13154). Form DE-300 must be attached.
  • Order Determining Succession to Primary ResidenceDE-315
    Court order confirming that the primary residence passes to the petitioner
Spousal Property PetitionSurviving spouse2 formsOften self-filed

For surviving spouse to confirm community property rights

Forms

  • Spousal or Domestic Partner Property PetitionDE-221
    Petition to confirm property passing to surviving spouse/partner
  • Spousal or Domestic Partner Property OrderDE-226
    Court order confirming property transfer to surviving spouse
Formal ProbatePersonal representative (executor/administrator) of qualifying estates8 formsOften self-filed

Full probate proceeding for larger or complex estates

Forms

  • Petition for ProbateDE-111
    Initial petition to open probate and appoint personal representative
  • Order for ProbateDE-140
    Court order appointing the personal representative
  • Duties and Liabilities of Personal RepresentativeDE-147
    Acknowledgment of responsibilities that must be signed before Letters are issued
  • LettersDE-150
    Letters Testamentary (with will) or Letters of Administration (without will)
  • Inventory and AppraisalDE-160
    List of all estate assets and their values, with appraisal by a probate referee
  • Inventory and Appraisal (Attachment)DE-161
    Attachment to DE-160 itemizing the estate's assets
  • Notice of Administration to CreditorsDE-157
    Notice mailed to known or reasonably ascertainable creditors that administration of the estate has begun
  • Notice of Proposed ActionDE-165
    Notice to beneficiaries of proposed sales or other actions
Closing the EstatePersonal representative completing administration2 formsOften self-filed

Forms for final distribution and closing probate

Forms

  • Petition for Final Distribution
    Petition to distribute remaining assets and close the estate. California does not have a Judicial Council form for this petition.
  • Order for Final Distribution
    Court order approving final distribution. Prepared on pleading paper for judge's signature.
Other Common FormsAdditional forms that may be needed4 formsOften self-filed

Additional forms that may be needed

Forms

  • Proof of Subscribing WitnessDE-120
    Testimony from witness who signed the will
  • Proof of Holographic InstrumentDE-121
    Declaration supporting a handwritten will
  • Request for Special NoticeDE-115
    Request to receive notice of all probate proceedings
  • Waiver of BondDE-174
    Waiver allowing personal representative to serve without bond
Vehicle Transfer (California DMV)Family members receiving vehicles through probate or small estate procedures2 formsOften self-filed

Forms for transferring vehicle titles after death

Forms

  • Affidavit for Transfer Without ProbateREG 5
    Affidavit for transferring vehicles when estate value is $208,850 or less
  • Application for Replacement or Transfer of TitleREG 227
    Standard title application form for vehicle transfers

Good to know

Form names and availability come from official California court sources and can change. Settled is an informational tool, not a law firm. Confirm the current forms with your probate court or an attorney before filing.