Form DE-142 "Waiver of Bond by Heir or Beneficiary" - California

What Is Form DE-142?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2017;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form DE-142 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form DE-142 "Waiver of Bond by Heir or Beneficiary" - California

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DE-142/DE-111(A-3e)
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
ESTATE OF (Name):
, DECEDENT
CASE NUMBER:
WAIVER OF BOND BY HEIR OR BENEFICIARY
Attachment 3e to Petition for Probate*
NOTICE: READ PARAGRAPHS A–G BEFORE YOU SIGN
A. A bond is a form of insurance to replace assets that may be mismanaged or stolen by the executor or administrator (the estate's
personal representative). The cost of the bond is paid from the assets of the estate.
B.
A bond may not be required if the decedent's will admitted to probate waives a bond and the court approves.
C.
If the decedent's will does not waive bond, or if the decedent died without a will, the law ordinarily requires the personal
representative to give a bond approved and ordered by the court. However, all persons eligible to receive a share of the estate
may waive the requirement of a bond. If they all waive bond and the court approves, the personal representative will NOT have
to give a bond.
D.
If bond is not ordered by the court, and the estate suffers loss because the personal representative fails to properly
perform the duties of the office, the loss or some part of it may not be recoverable from the personal representative.
If so, your share of the estate may be partly or entirely lost.
E.
You may waive the requirement of a bond by signing this form and delivering it to the petitioner for appointment of a personal
representative or to the petitioner's attorney. Your waiver cannot be withdrawn after the court appoints the personal
representative without requiring a bond. However, if you sign a waiver of bond, you may later petition the court to require a bond.
F.
A guardian ad litem or other legal representative with specific authority under law to waive bond must sign for a minor, an
incapacitated person, an unascertained beneficiary, or a designated class of persons who are not ascertained or not yet in being.
See Judicial Council forms DE-350 and DE-351 and Probate Code section 1003.
G.
If you do not understand this form, do not sign it until you have asked a lawyer (who is independent of the lawyer for the
proposed personal representative) to explain it to you.
WAIVER
1.
I have read and understand paragraphs A through G above.
I understand that before signing this form, I am free to consult with a lawyer of my choice concerning the possible
2.
consequences to me of waiving bond.
I understand that I do not have to waive bond to allow the estate administration to begin or proceed, or to receive my
3.
share of the estate.
4.
I WAIVE the posting of bond in this estate by
(name of personal representative):
Date:
(TYPE OR PRINT NAME OF BENEFICIARY (AND AUTHORIZED
(SIGNATURE)
SIGNER, IF BENEFICIARY IS NOT AN INDIVIDUAL))
*(This form may be filed as an independent form (as form DE-142) OR
as Attachment 3e(2) (will) or Attachment 3e(3) (intestacy) to the Petition for Probate (form DE-111) (as form DE-111(A-3e).)
Form Adopted for Mandatory Use
Probate Code, § 8481
WAIVER OF BOND BY HEIR OR BENEFICIARY
www.courts.ca.gov
Judicial Council of California
(Probate—Decedents Estates)
DE-142/DE-111(A-3e) [Rev. July 1, 2017]
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DE-142/DE-111(A-3e)
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
ESTATE OF (Name):
, DECEDENT
CASE NUMBER:
WAIVER OF BOND BY HEIR OR BENEFICIARY
Attachment 3e to Petition for Probate*
NOTICE: READ PARAGRAPHS A–G BEFORE YOU SIGN
A. A bond is a form of insurance to replace assets that may be mismanaged or stolen by the executor or administrator (the estate's
personal representative). The cost of the bond is paid from the assets of the estate.
B.
A bond may not be required if the decedent's will admitted to probate waives a bond and the court approves.
C.
If the decedent's will does not waive bond, or if the decedent died without a will, the law ordinarily requires the personal
representative to give a bond approved and ordered by the court. However, all persons eligible to receive a share of the estate
may waive the requirement of a bond. If they all waive bond and the court approves, the personal representative will NOT have
to give a bond.
D.
If bond is not ordered by the court, and the estate suffers loss because the personal representative fails to properly
perform the duties of the office, the loss or some part of it may not be recoverable from the personal representative.
If so, your share of the estate may be partly or entirely lost.
E.
You may waive the requirement of a bond by signing this form and delivering it to the petitioner for appointment of a personal
representative or to the petitioner's attorney. Your waiver cannot be withdrawn after the court appoints the personal
representative without requiring a bond. However, if you sign a waiver of bond, you may later petition the court to require a bond.
F.
A guardian ad litem or other legal representative with specific authority under law to waive bond must sign for a minor, an
incapacitated person, an unascertained beneficiary, or a designated class of persons who are not ascertained or not yet in being.
See Judicial Council forms DE-350 and DE-351 and Probate Code section 1003.
G.
If you do not understand this form, do not sign it until you have asked a lawyer (who is independent of the lawyer for the
proposed personal representative) to explain it to you.
WAIVER
1.
I have read and understand paragraphs A through G above.
I understand that before signing this form, I am free to consult with a lawyer of my choice concerning the possible
2.
consequences to me of waiving bond.
I understand that I do not have to waive bond to allow the estate administration to begin or proceed, or to receive my
3.
share of the estate.
4.
I WAIVE the posting of bond in this estate by
(name of personal representative):
Date:
(TYPE OR PRINT NAME OF BENEFICIARY (AND AUTHORIZED
(SIGNATURE)
SIGNER, IF BENEFICIARY IS NOT AN INDIVIDUAL))
*(This form may be filed as an independent form (as form DE-142) OR
as Attachment 3e(2) (will) or Attachment 3e(3) (intestacy) to the Petition for Probate (form DE-111) (as form DE-111(A-3e).)
Form Adopted for Mandatory Use
Probate Code, § 8481
WAIVER OF BOND BY HEIR OR BENEFICIARY
www.courts.ca.gov
Judicial Council of California
(Probate—Decedents Estates)
DE-142/DE-111(A-3e) [Rev. July 1, 2017]
Page
of
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Print this form
Save this form
Clear this form