Filing Proceedings

The Court is prohibited by law (Section 1211 of the Estates and Protected Individuals Code [EPIC]) from providing legal advice and completing forms. These forms provide 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.

Forms Needed

  • PC 558 (PDF), Application for Informal Probate and/or Appointment of Personal Representative Testate/Intestate)
  • PC 559 (PDF), Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate)
  • PC 565 (PDF), Testimony, Interested Persons
  • PC 561* (PDF), Waiver and Consent
  • PC 566* (PDF), Supplemental Testimony, Interested Persons, Testate Estate
  • PC 570* (PDF), Bond of Fiduciary
  • PC 571 (PDF), Acceptance of Appointment
  • PC 578 (PDF), Notice to Known Creditors
  • PC 583 (PDF) (short form) or PC 584 (PDF) (long form), Account of Fiduciary (Note: an account form is used after a personal representative is appointed and must be filed each year. For information on accounting, see Account of Fiduciary).
  • PC 591 (PDF), Sworn Statement to Close Unsupervised Administration
  • PC 595 (PDF), Order for Complete Estate Settlement
Filing Fee - $175 + $12 for Certified letters.

Note: A death certificate must also be filed with the Court (a certified copy is not required).

Unsupervised Administration (DE case type)

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 (PC 571) 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.