What Are the Key Probate Forms Required to Sell a Home in Orange County?

These are the most common forms used in a probate real estate sale in Orange County:

📄 1. Petition for Probate (Form DE-111)

  • Starts the probate process.

  • Filed with the Orange County Superior Court.

  • Appoints you as the personal representative (executor or administrator).

📄 2. Order for Probate (Form DE-140)

  • Signed by the judge.

  • Officially gives you authority to act on behalf of the estate.

📄 3. Letters (DE-150)

  • Sometimes referred to as "Letters Testamentary" or "Letters of Administration."

  • Proves your authority to third parties (buyers, title, escrow, etc.).

📄 4. Inventory and Appraisal (Forms DE-160 & DE-161)

  • Lists all estate assets, including the real property being sold.

  • Must be filed before a sale can be confirmed.

Additional Forms If Court Confirmation Is Required

If the will doesn’t give full Independent Administration of Estates Act (IAEA) authority, or if court supervision is chosen, you’ll need additional documents:

📄 5. Notice of Sale (Form DE-260)

  • Must be published in an adjudicated newspaper (like the OC Register).

  • Required at least 15 days before the sale if court confirmation is needed.

📄 6. Report of Sale and Petition for Order Confirming Sale (Forms DE-260/261)

  • Filed after accepting an offer.

  • Triggers the court confirmation hearing.

  • Includes buyer terms, proposed price, commissions, and overbid process.

What Forms Are Required for Disclosure and Escrow in Probate Sales?

Even in probate, California civil code still mandates key real estate disclosures. You’ll likely also need:

  • Probate Advisory Disclosure

  • Natural Hazard Disclosure (NHD)

  • Seller Property Questionnaire (Modified if decedent-owned)

  • Agent Visual Inspection Disclosure (AVID)

  • Trust Advisory or Exempt Seller Disclosure if sold by a trustee

👉 A probate-savvy agent will usually coordinate this with escrow and legal counsel.

Does Orange County Have Special Probate Form Requirements?

Yes. While most forms are California Judicial Council forms, Orange County Superior Court sometimes requires additional documentation or local forms:

  • Local form L-3111 (Notice of Proposed Action)

  • Court-specific formatting for the inventory and accounting.

  • Additional declarations may be requested for unique property circumstances.

Check the latest requirements via:

🔗 Orange County Probate Division

Quick Checklist: Probate Real Estate Forms in Orange County

Stage Form Purpose

Start Probate DE-111 Petition for Probate

Authority Granted DE-140 + DE-150 Order for Probate + Letters

Asset Listing DE-160/161 Inventory & Appraisal

Sale Notification DE-260 Notice of Sale (if needed)

Sale Confirmation DE-260/261 Report of Sale & Petition to Confirm

Disclosures NHD, AVID, Advisory State-mandated real estate forms

Why It’s Critical to Get These Right in Orange County

Orange County probate courts are strict about accuracy. Any mistake, delay, or missing form can result in:

  • Sale cancellation

  • Buyer backing out

  • Court rejecting the sale

That’s why many families choose to work with a real estate team experienced in probate-specific sales, especially when the estate involves out-of-county heirs, contested assets, or court supervision.

✅ Final Tip:

If you're unsure which forms apply to your specific probate sale, connect with a probate attorney or consult an experienced probate real estate specialist in Los Angeles County or Orange County.