California Notice of Proposed Action Form DE-165 Instructions

Where can I find Form DE-165?

You can find Form DE-165 here.

What is a Notice of Proposed Action (Form DE-165)?

A Notice of Proposed Action is something that a personal representative can do to give notice to all beneficiaries that they’re going to take some actions (including, but no limited to):

• Selling a house
• Compromise on a claim
• Purchase an asset

All of the above actions could potentially be the subject of a future lawsuit if the beneficiaries object to that action, in the future. Rather than the executor or personal representative taking an action and having the beneficiaries file a lawsuit about it later, they can give notice ahead of time that they’re going to take the action. The beneficiaries can either consent to the action or they can give a written objection. If the executor can notify all parties of their proposed action ahead of time, then everyone can either agree or disagree before final action is taken.

How to Complete Form DE-165?

1. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

First, the attorney for the personal representative fills in their name and information or if the personal representative is representing themselves, they would fill in their name, information, and note “pro per” after their name.

2. ATTORNEY FOR (NAME):

This will be the personal representative or executor’s name.

3. SUPERIOR COURT OF CALIFORNIA, COUNTY OF:

Fill in the county where the specified probate is pending. If you need to find the address and branch name, you can simply visit the court’s website to find this information. If you cannot locate the information on the website, then you may leave that portion blank.

4. ESTATE OF (NAME):

Fill in the name of the Estate that you are representing. 

5. CASE NUMBER:

Fill in the correct case number.

6. NOTICE OF PROPOSED ACTION:

Leave this portion blank, there should be no objection or consent yet. You may move on to the next portion:

1. Fill in the name of the personal representative of the estate of the deceased. 

2. Indicate whether the personal representative has the authority to administer the estate without court supervision, under the Independent Administration of Estates Act, then check either full authority or limited authority. You will know which one it is by verifying the Letters of Administration. 

3. This portion is where notice will be given. Number 3 is for any other options that don’t have to do with a real property transaction. Fill in a date and this will inform all beneficiaries that, on or after a certain date, the personal representative is going to take a certain action. You may either describe the action in the box provided or add an attachment labeled attachment 3 and indicate “See Attachment”. This will inform others to see the enclosed attachment.

4. Real Property Transaction:

If it is a real property transaction, you will check this box.

a. In number 3, you will have to describe the terms of the transactions, as directed.

b. List the value of the property. This would be the value at which the property was  appraised. If it has not been appraised yet, check off “No inventory yet”.

It is best to have the property appraised first, so you, as a personal representative, can prove that you are listing the property at a fair price. 

5. If you OBJECT to the proposed action:

a. In the box indicate the name and address of the personal representative that the objection should be sent to.

6. If you APPROVE the proposed action:

This is for other beneficiaries, once form is sent to them, to sign and consent.

7. The personal representative or the attorney for the personal representative will ultimately sign the form. You may also specify, under number 7, the name and telephone number that other beneficiaries should call to get more information. 

These forms are very useful for personal representatives. It will give the beneficiaries full disclosure of what the personal representative is going to and the actions they are going to take. It also gives the beneficiaries a chance to voice their objection or consent to that action before the action is taken. 

Disclaimer: This content is meant purely for educational purposes. It contains only general information about real estate and legal matters. It is NOT legal advice and should not be treated as such. We recommend consulting a legal or tax professional before acting on any material, opinion, or point of view described herein.