The Court is prohibited by law (Sec. 1211 of the Estate
FILING PROCEDURES/GENERAL INFORMATION
OPENING A DECEDENT'S ESTATE
Note: The Court is prohibited by law (Sec. 1211 of the Estates and Protected Individuals Code [EPIC])
from providing legal advice and completing forms. This item provides general information concerning
the opening of a decedent’s estate and may be useful as a guide. If you have any questions, consider
contacting an attorney for assistance.
UNSUPERVISED ADMINISTRATION (DE case type)
Informal Proceedings ("Petition")
Forms Needed:
PC 558, Application
PC 565, Testimony, Interested Persons
PC 566*, Supplemental Testimony, Interested Persons, Testate Estate
PC571, Acceptance of Appointment
PC567, Renunciation
PC568, Registers Statement
PC572, Letter of Authority
PC564, Proof of Service
Filing Fee - $150.00, plus $10.00 for certified copy of Letters of Authority
Note: A death certificate must also be filed with the Court (a certified copy is not required). If the death
certificate is not available, alternative information (i.e., obituary, funeral program, notice, or invoice,
religious/memorial card, autopsy report, etc.) must be provided.
Formal Proceedings (“Petition”)
Formal proceedings are commenced by filing a “Petition for Probate and/or Appointment of Personal
Representative (Testate/Intestate)” (PC 559) and other related papers. After either a court hearing with
proper notice to all interested persons or upon filing Waiver and Consents from all interested persons,
the Probate Court may admit a will, determine the heirs of the deceased, and appoint a personal
representative. Once the personal representative is appointed, they qualify to act by filing an
Acceptance of Appointment (PC571) and any required bond. The personal representative will proceed
with unsupervised administration until the estate is ready to be closed. A petition for a formal
proceeding on any aspect of administration may be filed at any point. A judge then enters any applicable
orders after either a court hearing with proper notice or upon filing of Waivers and Consents.
Forms Needed:
PC571, Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate)
Application
PC562, Notice of Hearing (Call for Hearing Date)
PC564, Proof of Service
PC 565, Testimony, Interested Persons
PC 566*, Supplemental Testimony, Interested Persons, Testate Estate
PC569, Order of Formal Proceeding
PC571, Acceptance of Appointment
PC572, Letter of Authority
Filing Fee - $150.00, plus $10.00 for certified copy of Letters of Authority
Note: A death certificate must also be filed with the Court (a certified copy is not required). If the death
certificate is not available, alternative information (i.e., obituary, funeral program, notice, or invoice,
religious/memorial card, autopsy report, etc.) must be provided.
SUPERVISED ADMINISTRATION (DA case type)
Supervised administration may be requested by checking the appropriate box on the “Petition for
Probate and/or Appointment of Personal Representative (Testate/Intestate)” (PC 559). [Note: the
petition and other papers are the same as those used when filing an unsupervised estate using formal
proceedings.] Supervised administration may also be requested at any time during unsupervised
administration. If supervised administration is granted, the personal representative (unless otherwise
ordered by the Court), will proceed with the same powers as a personal representative who is not
supervised except that in supervised administration a personal representative may not make any
distributions to heirs or devisees without a prior court order. There are numerous documents that must
be filed with the Probate Court during supervised administration.
*Forms may or may not be needed depending on the facts.
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