Table of Contents
Overview of California Probate Petitions
Types of Petitions Used to Begin a Probate Case
When Each Petition Applies
Related Resources
FAQ
How The Grossman Law Firm Can Help
Key Takeaways
- Several different petitions can be used to open a California probate, depending on whether a will exists and who can serve.
- The most common petitions are: Petition for Probate of Will and Letters Testamentary, Petition for Probate of Will and Letters of Administration with Will Annexed, Petition for Letters of Administration, and Petition for Letters of Special Administration.
- The Grossman Law Firm helps Californians determine the correct petition and navigate the probate process from start to finish.
Overview of California Probate Petitions
When someone passes away, probate often becomes necessary to manage and distribute their estate. Before anything else can occur, the proper petition must be filed to open the probate case and appoint a personal representative. The correct petition depends on whether a will exists and whether the named executor can serve.
Types of Petitions Used to Begin a Probate Case
Petition for Probate of Will and Letters Testamentary
This petition is used when:
- The decedent left a valid will, and
- The will names an executor who is willing and able to serve.
Once approved, the court issues Letters Testamentary, granting the executor authority to administer the estate.
Petition for Probate of Will and Letters of Administration with Will Annexed
This petition applies when a will exists, but one of the following is true:
- No executor was named
- The named executor has died
- The named executor is unwilling or unable to serve
In these situations, the court appoints an administrator to carry out the terms of the will.
Petition for Letters of Administration
If the decedent died without a will (intestate), this petition is required.
The petitioner asks the court to appoint an administrator to administer the estate in accordance with California intestacy laws.
Petition for Letters of Special Administration
Sometimes a temporary or urgent appointment is needed—for example:
- To protect the estate property immediately
- To handle time-sensitive matters before the permanent representative is appointed
- During a will contest
A Petition for Letters of Special Administration grants limited powers until full Letters Testamentary or Letters of Administration are issued.
Related Resources
- Why You Need Letters of Administration in California Probate
- California Probate Guide: What You Need to Know
- Overview of the California Probate Process
- Can’t Afford a Probate or Trust Attorney?
FAQ
Which petition is used if someone dies without a will?
You would file a Petition for Letters of Administration.
What if the executor named in the will refuses to serve?
You would file a Petition for Probate of Will and Letters of Administration with Will Annexed.
Is there a special administrator appointed?
When urgent action is needed to protect estate property, or when litigation delays the full appointment.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. If you’re unsure which petition to file or how to start a probate case, we can guide you through the process and protect your interests at every step.
Call (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published August 5, 2016