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How do I amend Probate forms if I put the wrong person to be the Sole Administrator/Executer of my passed mothers estate

San Diego, CA |

My mother passed w/ no will in place, she is survived by 4 children w/ a big estate. She put me as the POD on her bank account & i've been the only child to stay with her during her terminal 4 lung cancer.
I have been living in her home for a yr. before she passed to help take care of her, Since my mother has passed on July 3, 2013 I hv been the only person/child to still live in her hm, paid the entire mortgage, all utilities etc. I want/need to be the sole executor/administrator of my mothers estate & the trustee. I already filed all probate forms w/ the court house. I made a mistake some how because I added my sister's name to one form DE-111, (she lives out of state) but they put her as the only Administrator of the estate & me as the petitioner. How do I tk her off & put myself?

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Attorney answers 4


To preface, I am a little confused as to your description of the mistake on DE-111. Are you listed in paragraph 2? If not, where does your sister's name appear on the Petition.

Notwithstanding the above, if I understand the facts as presented, you have two options: amend or supplement. To amend the Petition, you would need to handwrite the word "Amended" before the word Petition on the DE-111 with the corrections and re-file with the Court. California Rules of Court ("CRC") 7.104. However, you will need to treat the amended petition as your first petition. This would include re-publishing the Petition with a newspaper and serving all required parties. See Local Rule 4.27 and CRC 7.53 (links provided below).

Another option would be to supplement the pleading and serve on all required parties. Generally, a supplement would respond to any issues identified by the Probate Attorney on the probate notes before a hearing; however, you may be able to supplement the Petition with the corrections you described in your question. Without being uncertain where the mistake lies, I cannot recommend which is the better option for you.

Finally, if there is no will, then you will are petitioning to be the "Administrator" of the Estate; an executor applies when there is a will.

I truly hope the information and links provided an answer to your question.


You can file an amended petition and list yourself as both the petitioner and also as the person being nominated to administer the estate ... assuming that the hearing date has not already occurred.

You indicate that you want to be the "sole executor/administrator" and also the "trustee". If your mother had a trust, then only the person named in that document as the "successor trustee" can be the trustee. If your mother didn't have a trust, the probate court will not create one now.

Although there are many reasons for wanting to be the executor/administrator/trustee of a person's estate, I suspect that one of your reasons might be that you think if you're in charge, you can do what you please and not have to distribute anything to your siblings. That's not going to fly....

It also seems to me like you're trying to do this yourself. As you can already see, it's not quite as easy as one might think. I urge you to get a competent probate lawyer to assist you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.



I hear you & your very right that it is not as easy as I think. It's very confusing & I feel like a dear with no headlights, but in actuality I may hv to do everything myself. All of th other siblings aren't interested with helping me at all, I tell them about theses issues & act as if it is a joke they don't offer to help in anyway. The one sibling that tries to help lives in the same state but I had to get a restrainting order out on her the advice of the cop. The only reason I'm doing this is out of the goodness of my heart & respect for my mom because I feel guilty if I just up & leave & carry on w/ my life also because the 1 sister that lives in the as state was already trying to short sale the house & take all to herself when my mother never wanted that. The Probate court date is Sept. 20, 2013 It may be pushed back do to I need to take my sisters name off. You say to file an amended petition & put myself as the both Administrator/executer, do I just write AMENDED across the form DE-111 on the exact same form I already turned in ( I hv copies still ) or do I need to fill out a new one & turn it in? I spoke to another lawyer & he said that there is an entirely different form, I'm so confused.



Thank you so much Ms. Brewer for the advice & open options you presented in front of me. I have no idea about things like this & I'm still caught between mourning for my passed mother but can't do to all the worry I hv due to my sister that i know her intentions for my mothers home are not in the best interest for me, my mothers home & the rest of the siblings, I really need to keep it out of her hands I work all week so is very hard for me to do much with the courts due to they close by the time I get off, what are your hours of business? One last thing my mothers home is a five bedroom & very large, I have been cleaning for the past month and still hv not found a Will. If I do end up coming across it later down the line is there a time limit to turn it in, even I'd it's 2-3 mnths down the line even after my probate court date? And am I allowed to still reside in this house during the entire probate process?


You would have to amend or supplement. However, before you can get a clear answer you would need to fill in some more facts. It would be best to speak with a probate attorney.


As the other attorney's have stated you can file an Amended petition correcting the mistake as long as the hearing has not taken place. You should also become familiar with what probate is and how it works or it will be a long, difficult process of mistakes and amendments. Probate is not simple. If your mother had a will and/or trust you may be wasting your time unless you were named executor and/or trustee. If she had neither, you would be petitioning as administrator of her estate (not executor). Hopefully you have published and served Notice and have your other documents in order for the hearing as well. Your notice needs to reflect the correct person you want named as administrator so if you already did that with your sister's name on it you will have to start publication over as well. Since your mother left a big estate, you really want to consider using some of the estate money to pay a lawyer. You do not have to pay for it yourself, it comes from the estate, and it would be money well spent.

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