How Do I Get Appointed as Executor in California?

In California, the Superior Court of California appoints the personal representative and the Superior Court clerk issues Letters Testamentary or Letters of Administration; every appointment goes through the court.

State

Document Type

Getting appointed in California

Personal Representative (executor if testate, administrator if intestate)

The form that opens the estate

DE-111

Petition for Probate · Fillable PDF · View source

Start this petition for California — the builder fills it with your answers. You review, sign, and file it with the court.

Where you file

Superior Court of California (Probate Division)

What the court issues (with a will)

Letters Testamentary

issued by Superior Court clerk

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filing (self-represented)Self-represented filingLocal/county forms

E-filing availability and mandates are set per county by local rule under Code Civ. Proc. § 1010.6(e)-(g). Several large counties mandate probate e-filing for attorneys; § 1010.6(g)(4) exempts unrepresented persons from any such mandate, so a self-represented filer may always file on paper and may e-file voluntarily where the county offers it (e.g. Alameda Local Rule 7.2).

Statewide Judicial Council forms are mandatory, but each Superior Court adds local probate rules, cover sheets, and proposed orders; some counties publish their own DE-111 filing packets. Riverside goes furthest: its Local Rule 7203 form RI-PR069 ("Riverside County Mandatory Attachment to Form DE-111") and RI-PR071 Certificate of Assignment are both mandatory alongside DE-111.

Bond

Required before Letters: Yes
Waivable by will: Yes
Waivable by beneficiaries: Yes

Other official forms

Letters form: DE-150View source

What to file with the petition

Certified copy of the death certificate (required by some counties with the petition; not a statewide DE-111 attachment)
Original will and any codicils (lodged with the court) (Cal. Prob. Code § 8200)
Notice of Petition to Administer Estate (DE-121) with proof of publication and mailed notice (§§ 8100, 8120)
Duties and Liabilities of Personal Representative (DE-147)
Confidential Supplement to Duties and Liabilities of Personal Representative (DE-147S), where the court requires it by local rule
Proposed Order for Probate (DE-140)
Bond unless waived; a beneficiary waiver goes in on Waiver of Bond by Heir or Beneficiary (DE-142/DE-111(A-3e)) (Cal. Prob. Code §§ 8480-8481)

Small-estate alternative

Bypasses full Letters: Yes
Form: DE-310 / DE-315View source
Form name: Petition to Determine Succession to Primary Residence

State-specific notes

One Petition for Probate (DE-111) covers executor (testate), administrator (intestate), and administrator-with-will-annexed via checkboxes, and elects authority under the Independent Administration of Estates Act (§§ 10400-10592). Per-county e-filing mandates and self-represented e-filing eligibility vary by Superior Court and are not enumerated here.

General information about how a personal representative is appointed, not legal advice. Consult a licensed attorney for legal questions. Data verified Aug 24, 2026

California uses Petition for Probate (DE-111), filed with the Superior Court of California. Superior Court clerk issues Letters Testamentary or Letters of Administration after the court grants the petition.

Along with the petition, California generally requires: Certified copy of the death certificate (required by some counties with the petition; not a statewide DE-111 attachment); Original will and any codicils (lodged with the court) (Cal. Prob. Code § 8200); Notice of Petition to Administer Estate (DE-121) with proof of publication and mailed notice (§§ 8100, 8120); Duties and Liabilities of Personal Representative (DE-147); Confidential Supplement to Duties and Liabilities of Personal Representative (DE-147S), where the court requires it by local rule; Proposed Order for Probate (DE-140). The court's own checklist runs longer for particular cases.

Yes. California requires a bond by default before Letters issue. A will can waive it. The beneficiaries can also waive it in writing.

California permits a self-represented person to open an estate, using Petition for Probate (DE-111). E-filing is open to self-represented filers. The California self-file probate assessment sets self-filing against attorney costs.

Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in California: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.

Getting Appointed in California

Authority to act for the estate comes from Letters issued in California by Superior Court clerk, on appointment by the Superior Court of California. The document is Letters Testamentary (with a will) or Letters of Administration (no will). California has not adopted the Uniform Probate Code.

The estate is opened by filing Petition for Probate (DE-111) with the court. The filing fee is $435. California has no informal (registrar) appointment track, so every appointment goes through the court.

California requires a bond by default before Letters issue, though a will can waive it and the beneficiaries can waive it in writing.

For smaller estates, California offers a small-estate procedure for estates under $208,850 that can transfer assets without a full appointment or Letters (DE-310 / DE-315). The California self-file probate assessment compares self-filing and attorney costs.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from California statutes and official state code. How we research.

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How Do I Get Appointed as Executor in California?