EvolveTechCalifornia probate helpers
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Start with the petition.
See which forms go with it.

Five helpers, one workspace. Choose a route below to see what each form does and when to prepare it. Every helper uses the same step-by-step layout and saves answers on your device.

Which process are you preparing for?

These are different court requests. If you are unsure which fits, ask your court’s self-help center before choosing.

Both routes are described below. Choose one to focus the guide.

The spousal property packet

Prepare the petition first; supporting forms can be worked on alongside it.

1 · Start the request

DE-221 · Spousal property petition

Explain why the property passes to the survivor or already belongs to them. List the exact property interests and supporting facts.

This does not appoint an executor. Property acquisition facts and legal ownership character are separate questions.

Start DE-221

2 · Supporting proof, when needed

DE-135 · Handwriting proof

A person who knows the decedent’s handwriting identifies the handwritten instrument and signature. Attach a complete copy of the instrument.

Ask the court what proof it requires. A witnessed will may involve DE-131 instead.

Prepare DE-135

3 · Proposed result for the judge

DE-226 · Property order

Prepare the order you are asking the judge to sign. Copy the property lists from the final DE-221, keeping the exact interests and descriptions.

Petition 7a → order 5a. Petition 7b → order 7a. The judge’s signature and date stay blank.

Prepare DE-226

4 · After the court assigns a hearing

DE-120 · Notice of hearing

Tell the required recipients when the petition will be heard. After actual mailing, the qualified mailer completes and signs the proof of service.

The notice alone does not start the case. Use the court-assigned hearing details before serving it.

Prepare DE-120

How the packet moves through court

Prepare the petition, proposed order and supporting proof. File as your court directs, obtain the case number and hearing date, then complete notice and file proof of service. Check probate notes before the hearing. After approval, obtain certified copies of the signed order for the recorder, DMV or institutions.

Open the detailed filing checklist
  1. Lodge original wills and codicils when required. California Probate Code § 8200 generally requires the custodian to deliver a will within 30 days after learning of the death. Copies attached to a petition do not replace lodging the original. Ask the clerk about submission and fees.
  2. Prepare the petition and supporting attachments. List the actual interest requested and the facts supporting it. Acquisition during marriage, deed wording and the legal character of property are distinct questions. A will-based request does not automatically settle the survivor's existing community interest.
  3. Prepare the proposed order. Use DE-226. Petition Attachment 7a maps to order Attachment 5a; petition Attachment 7b maps to order Attachment 7a. Copy the final descriptions and interests exactly. Leave the judge's signature and date blank.
  4. Prepare proof of a handwritten instrument if required. Use DE-135 with a complete copy as Attachment 4. The signer needs personal knowledge of the handwriting. Ask the court about proof for each will or codicil, and about DE-131 for a witnessed instrument.
  5. File the petition and obtain the case number and hearing date. Bring the proposed order and supporting proof if ready. A DE-120 notice alone does not start the case. Verify the current fee schedule and local documents. A fee waiver may be available.
  6. Serve the notice and petition. Complete DE-120 using the assigned hearing details. For DE-221, notice is generally at least 15 days before the hearing, to everyone entitled to it. Review petition items 9–11, heirs, beneficiaries, requests for special notice and any Attorney General requirement. Have a qualified mailer complete the proof after actual mailing, then file it.
  7. Check probate notes and attend as directed. Resolve deficiencies and submit the proposed order by the court's deadline. A completed helper does not mean the court has approved anything.
  8. After approval, obtain certified orders. Ask the recorder how to record the order for real property, and ask the DMV or institutions how to transfer or sell other assets. Separately check the assessor's death-of-owner reporting requirements. Mortgage payment and servicing obligations continue.

The formal probate route

DE-111 starts a different process from DE-221.

1 · Open probate

DE-111 · Petition for probate

Request administration of the estate and appointment of a personal representative. The helper covers the petition, proposed representative and initial estate details.

Start DE-111

2 · Formal probate has its own forms

Opening notice: DE-121

The opening hearing for DE-111 uses DE-121, not DE-120. Formal probate also has appointment and estate administration paperwork beyond these five helpers.

DE-226 belongs to a spousal property petition. DE-135 may still be useful when handwritten will proof is required.

Official DE-121 form ↗

Open any helper

DE-111Open formal probateDE-221Spousal property petitionDE-226Proposed property orderDE-120Hearing notice & mailing proofDE-135Handwriting proof

Your work stays with you

Each helper saves its own answers in this browser. The companion forms can copy shared details from saved DE-221 answers, or open a saved JSON file. Your final property lists, completed service and witness statements are reviewed separately.

If you polished the petition outside the helper, use that final version for your order. Uploaded will copies stay in memory only; select them again after a reload. Save an answers file for a backup and erase saved answers on shared devices.

Official sources and limits

Forms checked October 31, 2026: DE-221 (2014), DE-226 (2015), DE-120 (2020), DE-135 (1998).

Alameda court: spousal petition, notice and order · San Luis Obispo local rules (see 11.1302 for community-property facts, 11.501 for proposed orders, 11.109 for probate notes).

Read Probate Code §§ 13650–13656, 1220, 8200 and 8222, and your county's rules. County requirements and fees differ. These tools have not been reviewed or approved by a court or probate attorney.

Find your court's self-help center · Find your court