DE-147(S) Guidance: Confidential Statement for DE-147 | Gavel

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DE-147(S) Guidance: Confidential Statement for DE-147 (California)

The DE-147(S) form is used when a California court, by local rule, requires a personal representative managing the estate of a decedent to provide their birth date and driver's license number.

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When you need form DE-147(S)

When it comes to managing a decedent's estate, the DE-147(S) form is a crucial step in the probate process. This form becomes necessary when the court, by local rule, requires the personal representative to provide specific confidential information such as their birth date and driver's license number. It acts as a supplement to Form DE-147, which outlines the Duties and Liabilities of the Personal Representative.

Thus, the DE-147(S) is an integral part of ensuring that the personal representative's sensitive information is kept confidential while carrying out their duties as they administer the estate.

How to file form DE-147(S)

  1. Check Local Court Rule: Determine if your local court requires the filing of the Confidential Statement [DE-147(S)]. This form is mandated in certain jurisdictions.
  2. Complete the Form: Accurately fill out the form with the personal representative's name, driver's license number, birth date, and the state issuing the driver's license.
  3. Do Not Attach to DE-147: Ensure that this confidential supplement is filed separately and not attached to the Form DE-147.
  4. Submit to Court Clerk: Bring the completed DE-147(S) to the court clerk's office for submission. Emphasize the confidentiality requirement, as the form should not be part of the public court file.
  5. Secure Handling: Confirm with the clerk that the form will be handled in a confidential manner.

Tips for filling out form DE-147(S)

When completing form DE-147(S), pay special attention to these less obvious sections:

Item 1: Confidential Information

Remember, this form contains sensitive information about the personal representative, including birth date and driver's license number, so ensure it is filed in accordance with local court rules to maintain confidentiality.

Item 2: Local Rules Compliance

Check with your specific court for local rules regarding the requirement for this form; not all courts may require a birth date and driver's license number. If required, ensure this form is submitted separately from Form DE-147.

Item 3a: Name Consistency

Ensure the name of the personal representative matches exactly what is listed on other related documents to avoid any discrepancies.

Item 3b: Driver's License Details

Provide the driver's license number and state issued. Double-check to ensure the number and state are accurate, as incorrect information can cause delays or legal complications.

What to do after filing form DE-147(S)

  1. Verify that the confidential statement has been received and accepted by the court clerk without being filed into the public court records, maintaining its confidentiality.
  2. Check if additional documentation is required by the local court rules, such as other probate related forms, and complete those forms as necessary.
  3. Wait for instructions from the probate court regarding any hearings or further actions you need to perform as a personal representative.
  4. Monitor any communications from the court or your attorney regarding the progress of the probate case, including deadlines for any specific tasks.
  5. Ensure you have a copy of the confidential statement stored securely for your records, and keep it accessible for any future proceedings related to the estate.

Related Forms

DE-111: Petition For Probate

The DE-111 Petition For Probate form is used when an individual seeks to initiate the probate process in California. It is used to request the court to admit a will to probate, appoint a personal representative, or administer the decedent's estate.

DE-111(A-3e): Waiver of Bond

The DE-111(A-3e) Waiver of Bond form is used in California probate proceedings when heirs or other beneficiaries wish to waive the requirement for a bond by the personal representative.

DE-142: Waiver of Bond

The DE-142 Waiver of Bond form is used when an heir or a beneficiary of a decedent's estate in California wishes to waive the requirement for a personal representative to post a bond.

DE-135: Proof of Holographic Instrument

The DE-135 Proof of Holographic Instrument form is used to provide evidence to the California probate court that a handwritten will, created by the decedent, is authentic and valid.

DE-120: Notice of Hearing

The DE-120 Notice of Hearing form is used when to inform interested parties about a scheduled court hearing related to a decedent's estate or trust in California probate cases.

DE-120(MA): Attachment to DE-120 (Service by Mail)

The DE-120(MA) form is used as an attachment to document proof of service by mail when notifying parties of a hearing in probate matters.

DE-120(P): Proof of Personal Service of Notice of Hearing

The DE-120(P) form is used to provide proof that a Notice of Hearing related to a decedent's estate or trust has been personally delivered to involved parties.

DE-120(PA): Attachment to DE-120P (Personal Service)

The DE-120(PA) Attachment to DE-120P form is used when someone needs to provide proof of personal service to interested parties for a notice of hearing.

DE-121: Notice of Petition To Administer Estate

Use the DE-121 Notice of Petition to Administer Estate form when, during the probate process, heirs, beneficiaries, creditors, and other interested parties need to be notified about the petition filed to administer a decedent's estate.

DE-121(MA): Attachment to DE-121

The DE-121(MA) form is used in California probate proceedings as an attachment to the Notice of Petition to Administer Estate (DE-121).

DE-140: Probate Order

The DE-140 Order for Probate form is used when a California probate court needs to officially appoint a personal representative to manage and distribute a decedent's estate according to the will.