What Are the Rules for Probate Petitions in Los Angeles County?

To file a probate petition in Los Angeles County, you must submit Judicial Council Form DE-111, include the original will (if available), and pay the required filing fee. The petition must be filed in the Los Angeles Superior Court at the Stanley Mosk Courthouse, and strict local rules apply—such as publication notice requirements, timing of filings, and specific procedures for notifying interested parties.

What Is a Probate Petition in California?

A probate petition is a formal request to the court to open a probate case—typically after someone has passed away with assets in their name. The person filing the petition is usually asking the court to:

• Appoint them as executor (if there’s a will), or

• Appoint them as administrator (if there’s no will)

Once approved, the court gives that person legal authority to handle the estate, pay debts, and distribute assets.

Where Do You File a Probate Petition in Los Angeles?

All probate petitions in Los Angeles County are filed at:

Stanley Mosk Courthouse – Department 11
111 North Hill Street
Los Angeles, CA 90012
Phone: (213) 830-0800
Website: lacourt.org

What Forms Are Required for a Probate Petition?

The primary form is:

• Form DE-111: Petition for Probate

Other common required forms include:

• Form DE-121: Notice of Petition to Administer Estate

• Form DE-147: Duties and Liabilities of Personal Representative

• Form GC-310 (if needed): Petition for Appointment of Guardian or Conservator

• Form POS-040: Proof of Service by Mail

👉 Local rule tip: Los Angeles County courts often require documents to be filed electronically (eFiling) through an approved vendor.

What Are the Filing Fees for a Probate Petition in Los Angeles?

As of 2025, here are the typical filing fees:

Type of FilingFeePetition for Probate$465Publication of Notice (varies)$200–$800+Certified Letters (per copy)$25Probate Referee Appraisal Fee0.1% of assets

Note: Fee waivers are available for low-income petitioners.

What Are the Key Deadlines for Probate Petitions?

Los Angeles County follows strict timelines. Here are the most important ones:

1. Notice Publication: Must be published at least 15 days before the hearing in a court-approved newspaper.

2. Notice to Heirs: All heirs and beneficiaries must be mailed notice 15+ days prior to the hearing.

3. Initial Hearing: Usually set 6–10 weeks from filing.

4. Bond (if required): Must be filed before letters are issued.

5. Inventory & Appraisal: Must be filed within 4 months after letters are issued.

Who Must Be Notified About a Probate Petition?

You must notify:

• All named beneficiaries in the will (if any)

• All legal heirs (regardless of the will)

• The California Department of Health Care Services (if applicable)

• Anyone entitled to notice under Probate Code § 8110

Failing to notify even one person can delay or derail the entire probate case.

Do You Always Need a Probate Petition?

No. In California, probate is only required when:

• The deceased person owned real estate worth over $66,250, or

• Total assets exceed $184,500 (as of 2025, subject to adjustment)

Smaller estates may qualify for simplified procedures like:

• Affidavit for Transfer of Personal Property

• Spousal Property Petition

• Small Estate Set-Aside

What Happens After You File the Petition?

Here’s a quick overview of what happens after filing your probate petition in Los Angeles:

1. Court Schedules Hearing

2. Notice is Mailed and Published

3. Interested Parties Can Object

4. Judge Reviews the Petition

5. If Approved, “Letters” Are Issued

6. You Can Begin Administering the Estate

💡 Pro Tip: Los Angeles probate judges take procedural compliance seriously. One missed deadline or missing document can result in a continuance (aka a delayed hearing).

What Are the Local Rules for Probate in LA County?

Los Angeles County probate courts follow the California Probate Code, but also impose local rules, such as:

• Mandatory use of eFiling

• Local publication lists (not all newspapers qualify)

• Assignments to departments based on last name or case number

• Probate Notes issued prior to hearing (must be reviewed and cleared)

Always check the Probate Division rules for updates.

Common Reasons Probate Petitions Get Rejected or Delayed

Even experienced attorneys can hit speed bumps in LA probate court. Common mistakes include:

• Filing the wrong version of Form DE-111

• Failing to publish the notice in an approved newspaper

• Leaving out a legal heir

• Not serving proper notice

• Not posting bond (when required)

Do You Need an Attorney to File a Probate Petition?

Not always. California allows pro per (self-represented) filings. However, in Los Angeles, many families choose to work with a probate attorney or a real estate team with probate experience—especially when:

• The estate is large or includes real property

• There’s family conflict

• There are complex creditor claims

• You need help navigating court procedures

How Our Team Helps With Probate Petitions in Los Angeles

At The Borges Real Estate Team, we specialize in guiding families through probate sales in LA County. Whether you’ve just filed a petition or are preparing to sell a probate property, we can:

• Connect you with trusted probate attorneys

• Help gather property valuations for court

• Assist with clean-out, repairs, and listing prep

• Coordinate with the probate referee

• Maximize market value for inherited homes

📞 Need help filing or navigating a probate sale?
Contact us here →

Final Thoughts

Filing a probate petition in Los Angeles isn’t just paperwork—it’s the first critical step in managing an estate correctly. By understanding the local rules, forms, and timelines, you’ll avoid delays and protect your loved one’s legacy. And if you ever need expert guidance on the real estate side of probate, The Borges Real Estate Team is here to help.