Free California Petition for Probate

How to open probate in California: petition the Superior Court of California and request Letters Testamentary or Letters of Administration. Cal. Prob. Code §§ 8000-8577.

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You & the Will

California provides an official fillable petition; we complete it for you.

Opening probate?The whole estate, start to finish.

State Where the Estate Will Be Probated*

The state where the decedent was domiciled. Only states where a self-represented filer can prepare this document are listed.

Did the decedent leave a will?*

Yes — there is a will (request Letters Testamentary)No — there is no will (request Letters of Administration)

Your First Name*

Middle Name

Your Last Name*

Your Relationship to the Decedent*

How you are related to the person who died. Being named executor in the will is asked separately.

Your Street Address*

City*

ZIP Code*

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NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About California Probate Petitions

In California, you file a petition with Superior Court of California to open probate. Superior Court clerk issues Letters Testamentary (with a will) or Letters of Administration (no will) once the court grants the appointment. See how appointment works in California.

You cannot fill out Letters — they are issued by the court. The document you prepare and file is the petition (or application) for probate and for Letters. This tool prepares that petition for California.

Yes. California publishes a statewide fillable form, which this tool completes for you. After downloading, review and sign it, then file it with Superior Court of California.

California requires a bond by default before Letters issue, unless the will waives it or the beneficiaries waive it in writing. Cal. Prob. Code §§ 8480-8481

California offers probate e-filing. E-filing availability and mandates are set per county. Several large counties mandate e-filing for represented parties; self-represented filers may file by paper or e-file depending on county.

Along with the petition, California typically requires: Certified copy of the death certificate; Original will and any codicils; Notice of Petition to Administer Estate; Duties and Liabilities of Personal Representative; Proposed Order for Probate.

Opening Probate in California

To settle an estate in California, the court must first appoint a personal representative — an executor when there is a will, an administrator when there is none — and issue Letters. You apply by filing a petition with Superior Court of California; Superior Court clerk, after the judge signs the Order for Probate (DE-140) issues Letters Testamentary or Letters of Administration once the court grants it.

California publishes an official statewide petition form. This tool completes that form for you from a few questions about the decedent, the estate, and the heirs or beneficiaries. After downloading, you sign it and file it with the court in the county where the decedent lived.

You file the petition together with the supporting documents the court requires — typically a certified death certificate and, where there is a will, the original will. California requires a bond before Letters issue unless it is waived by the will or by the beneficiaries. The court reviews the petition and, if it is in order, grants it and directs that Letters issue.

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Frequently Asked Questions About California Probate Petitions

Yes. California publishes a statewide fillable form, which this tool completes for you. After downloading, review and sign it, then file it with Superior Court of California.

California requires a bond by default before Letters issue, unless the will waives it or the beneficiaries waive it in writing. Cal. Prob. Code §§ 8480-8481

Opening Probate in California

Free California Petition for Probate

You & the Will

Frequently Asked Questions About California Probate Petitions