California Filing
📥 Resources to Help You Get Started (California Edition)
- Evidence Checklist [Click here to download] — Organize and evaluate the evidence you’ll need to contest a trust or will in California. Designed to work alongside the Legal Grounds Workbook and Petition Template to help you build a clear, fact-supported case.
- Blank Pleading Paper [Click here to download] — A fillable, ready-to-use California pleading format for drafting any petition, motion, supplement, or other court document.
- Build Your Petition Workbook [Click here to download] — A step-by-step workbook that guides you through drafting your entire petition. Includes guiding questions, fill-in-the-blanks, build-your-own arguments, and even AI prompts to help you develop clear, persuasive language for your case.
- Petition Template Instructions [Click here to download] — Clear, detailed instructions on what to include in each section of your petition to ensure it’s complete and properly structured.
- Editable Petition Template [Click here to download] — Complete this editable document alongside your Legal Grounds Workbook and the Petition Template Instructions. [IMPORTANT: Make sure to replace everything within brackets (like [Your Name]) with your specific information, and then DELETE all brackets and sample text before filing with the court.]
- Pre-Filing Petition Checklist [Click here to download] — A final checklist to make sure your petition packet is clear, complete, and ready to file.
- Step-by-Step Filing Checklist [Click here to download] — Clear instructions on how to file your petition packet, serve notice, and refile your proof of service—so you don’t miss a critical step.
📋 Required Court Forms for California Petitions
Cover Sheet Form: PRO-010 [Click here for PRO-010]
Identifies the type of probate case you are opening (estate, trust, guardianship, conservatorship, etc.) and provides essential party information. Required for case management and court tracking.
Always filed together with your initial petition, at the very first filing. Many counties (like Los Angeles) require this under local rules.
Summons Form: DE-125 [Click here for DE-125]
Official court notice that informs the respondent (or interested parties) that a legal action has been filed against them and they must respond. Signed by the court clerk before you can serve it.
Filed with your initial petition when you file proceeding functions like a civil action — such as a Probate Code § 850 petition to recover property or a § 8250 will contest. The clerk signs and returns it for you to serve personally.
Notice of Hearing Form: DE-120 [Click here for DE-120]
Tells interested parties the date, time, and location of the court hearing on your petition. Ensures they have an opportunity to appear or object.
Prepared and served after the court assigns a hearing date, then filed later as part of your Proof of Service packet to show proper notice was given.
Proof of Service Form: POS-030 DE-120(P), or DE-120(MA) [Click here for POS-030] [Click here for DE-120(P)] [Click here for DE-120(MA)]
Used by the person (not a party to the case) who served the Notice of Hearing to declare under penalty of perjury exactly who was served, what was served, how, and when — use POS-030 if served by mail, DE-120(P) if served personally, and DE-120(MA) if you need to lit additional recipients.
Filed after service is completed, along with a copy of the Notice of Hearing and any signed Summons, if required, to prove to the court that notice requirements were met.
Request to Waive Court Fees Form: FW-001; Order on Court Order Fee Waiver [Click here for FW-001] [Click here for FW-003]
You generally qualify if you can show:
- You receive certain public benefits, like Medi-Cal, SSI, food stamps (CalFresh), etc.
- Your household income is below set guidelines (based on family size and gross monthly income).
Or paying court fees would make you unable to afford basic needs like food, rent, and utilities.
Filed with your initial petition, along with a copy of your petition, PRO-010, and DE-125, if needed.
Once granted, save the approved, signed copy of FW-003 and upload it with all subsequent filings in this case to show your fee waiver is waived.