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DE-140: Order for Probate

The order the judge signs after the hearing on a Petition for Probate, appointing the personal representative and setting their authority and bond.

Mandatory form · Revised January 1, 1998 · 1 page · DE-150 · Letters

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The PDF is the Judicial Council’s own file on courts.ca.gov, revised January 1, 1998. Form page on courts.ca.gov ↗

Not legal advice. This page explains what the form asks; it does not tell you what to put in your case.

What it is

The order after the probate hearing

DE-140 records the court’s findings about notice, the decedent’s death and residence, and any will, then appoints an executor, administrator with will annexed, administrator or special administrator. It cites Probate Code sections 8006 and 8400.

When it is used

Not effective until letters issue

The form warns that the appointment is not effective until letters have issued. Letters are issued on DE-150.

Section by section

What each part asks

Use the current official form and its instructions. The descriptions below identify the questions without choosing answers for your situation.

Findings and orders

1–2 · Hearing and findings

Hearing date, that all required notices were given, date of death and residence, and whether the decedent died with or without a will.

3 · Appointment

Who is appointed and as what, with general or special powers, with or without notice of hearing, an expiration date, and letters issuing on qualification.

4 · Independent administration

Full or limited authority under the Independent Administration of Estates Act.

5 · Bond and blocked account

Bond not required or fixed at an amount, deposits into a blocked account, and any limit on taking possession of property.

6–7 · Referee and attachments

The probate referee appointed and the number of pages attached.

Before you file

Common filing problems to check

These checks come from the official form and instructions. They are not a ranking of rejection reasons; the court decides whether a filing meets its requirements.

  • The type of appointment checked in the caption does not match item 3.
  • Item 4’s authority does not match what the petition requested and the court granted.
  • Item 5 is left blank, so the bond is not addressed.
  • Attachments are referenced but item 7 does not give the number of pages.

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Questions

DE-140 questions

Can the representative act once DE-140 is signed?

Not yet. The form warns that the appointment is not effective until letters have issued (DE-150).

Who signs DE-140?

A judge of the superior court. The form notes that the signature follows the last attachment.

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Not legal advice. This page explains public filing information. It does not tell you what to put in your own case. Legal Hub Group is a certified e-filing service provider for California courts, not a law firm.

Information checked as of October 2026. Rules, form revisions and provider prices can change. The court decides whether to accept a filing.

DE-140 form revision: January 1, 1998.