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Form DE-160/GC-040, Inventory and Appraisal (Declaration of Representative/Guardian/Conservator or Small Estate Claimant and Declaration of Probate Referee), page 1
Basic · 38/100Form Complexity Index

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What this form asks for

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Form DE-160/GC-040 (Inventory and Appraisal) is a mandatory California Judicial Council probate form used to list estate assets and provide their appraised values, separating items the representative can appraise (Attachment 1) from assets that must be appraised by a probate referee (Attachment 2). It also includes required declarations under penalty of perjury and bond-related statements that help the court verify the completeness and accuracy of the inventory and the fiduciary’s compliance. The form is important because it establishes the official valuation record used for court oversight, administration, and related tax/property reporting. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields60
Pages2
Sections2
Form Complexity IndexBasic, 38/100

The AI checks your answers before you download

16 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Validates Court County and Court Address Completeness

Checks that the 'SUPERIOR COURT OF CALIFORNIA, COUNTY OF' field is present and non-empty, and that the court address block (street address, city, and ZIP code) is sufficiently complete to identify the filing location. This is important because the court’s jurisdiction and routing depend on the county and branch location details. If missing or incomplete, the submission should be flagged as incomplete and prevented from filing until corrected.

Validates City/ZIP Code Format for Court Address

Ensures the 'CITY AND ZIP CODE' field contains a recognizable city name and a valid 5-digit ZIP code (optionally ZIP+4). Proper formatting reduces mailing/notice errors and supports downstream validation and indexing. If the ZIP code is malformed or missing, the system should return a format error and request correction.

Ensures Exactly One Party Type is Selected (Decedent vs. Conservatee vs. Minor)

Validates that exactly one of the checkboxes 'DECEDENT', 'CONSERVATEE', or 'MINOR' is selected to indicate the case type. This is critical because the form’s meaning and the date field interpretation (date of death vs. date of appointment) depend on the selected type. If none or multiple are selected, the submission should fail validation and require the filer to choose a single applicable category.

Validates Estate Name Presence and Consistency Across Pages

Checks that 'ESTATE OF (Name)' is provided and that the same estate name appears consistently wherever it is repeated (page 1 and page 2 sections). Consistency is important for court indexing and to avoid mismatching attachments or pages to the wrong matter. If the estate name is missing or inconsistent, the system should block submission and prompt for correction.

Validates Case Number Format and Consistency Across Pages

Ensures 'CASE NUMBER' is present and matches an expected court case-number pattern (court-specific alphanumeric with separators) and is identical on both pages. The case number is essential for docketing and associating the inventory/appraisal with the correct proceeding. If missing, malformed, or inconsistent, the system should reject the filing or route it to an exception queue.

Validates Date of Death/Appointment Format and Logical Plausibility

Checks that 'Date of Death of Decedent or of Appointment of Guardian or Conservator' is a valid date (e.g., MM/DD/YYYY) and is not in the future. This date anchors valuation timing and statutory deadlines, so invalid dates can undermine the appraisal’s legal accuracy. If the date is invalid or future-dated, the system should fail validation and require a corrected date.

And 10 more checks
  • Validates Inventory Scope Selection (All vs. A Portion) and Partial Number Requirement
  • Validates Filing Type Selection (Final/Supplemental/Corrected/Reappraisal for Sale) Rules
  • Validates 'No Probate Referee Required' Court Order Date When Selected
  • Validates Property Tax Certificate Selection and Mutual Exclusivity
  • Validates Representative/Attorney Signature and Date Presence
  • Validates Printed Name and Title Requirement for Signer
  • Validates Bond Statement: Exactly One Bond Status and Required Details
  • Validates Blocked Account Deposit Details When Receipts Are Indicated
  • Validates Attorney/Party Contact Information Formats (Phone/Fax/Email)
  • Validates Probate Referee Declaration Totals and Commission/Expense Arithmetic

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How to Fill Out DE-160/GC-040 Online for Free in 2026

What the AI walks you through.

  1. Go to Instafill.ai and upload the DE-160/GC-040 PDF (or select it from the form library).
  2. Enter case details: county, court address/branch, case number, estate name, and indicate whether it involves a decedent, conservatee, or minor, plus the date of death/appointment.
  3. Choose the filing type (Partial number, Final, Supplemental, Corrected, Reappraisal for Sale) and indicate whether the inventory covers all or a portion of the estate.
  4. Use AI-assisted prompts to complete Attachment 1 totals and the fiduciary declaration (representative/guardian/conservator/small estate claimant), including any court order stating no probate referee is required and the property tax certificate statements, as applicable.
  5. If a probate referee is required, complete Attachment 2 totals and the probate referee declaration, including statutory commission and expenses.
  6. Complete the bond section (waived vs. filed), blocked account/receipts information if applicable, and add attorney/party contact details and signatures/dates; then have Instafill.ai validate required fields and formatting.
  7. Download the completed form for e-filing/printing, save a copy for records, and share/export to counsel or the court filing system as needed.

Common Mistakes in Completing DE-160/GC-040

The ones the AI is built to catch.

Leaving the case-identifying header incomplete (county, branch, case number)
People often focus on the asset information and forget the top caption fields (County of, branch name, street/mailing address, and especially the case number). Courts use these fields to route and file the inventory correctly; missing or inconsistent header data can cause rejection or misfiling. Copy the case number exactly as it appears on prior probate/guardianship filings and ensure the county/branch match the court where the case is pending. AI-powered tools like Instafill.ai can auto-populate these repeated caption fields and flag missing required header items before you submit.
Checking the wrong proceeding type (Decedent vs. Conservatee vs. Minor)
This form is used in multiple contexts, and filers sometimes check the wrong box (DECEDENT, CONSERVATEE, or MINOR) or check more than one. Selecting the wrong type can create confusion about which statutes apply and which date controls valuation (date of death vs. date of appointment). Confirm whether you are filing for a decedent’s estate, a conservatorship, or a guardianship and check only the applicable box. Instafill.ai can help by asking clarifying questions and preventing incompatible selections.
Mislabeling the filing as Partial/Final/Supplemental/Corrected/Reappraisal
Filers frequently select “Final” when they are actually submitting a partial or supplemental inventory, or they forget to enter the “Partial No.” when required. The wrong designation can lead to an inaccurate record of what has already been inventoried and appraised, and may trigger court questions or require a corrected filing. Review prior inventories filed in the case and choose the status that matches what you are submitting; if “Partial,” include the correct partial number. Instafill.ai can track prior entries and prompt for the partial number when “Partial” is selected.
Using the wrong valuation date for appraisals
A common misunderstanding is valuing assets as of “today” rather than the required date (date of death for a decedent’s estate, or date of appointment for a guardian/conservator). Incorrect valuation dates can distort totals, affect bond calculations, and may require reappraisal or amended filings. Always confirm the controlling date and ensure Attachment 1 and Attachment 2 values are as of that date. Instafill.ai can enforce date logic and remind you which date applies based on the case type you selected.
Mixing up what belongs on Attachment 1 vs. Attachment 2
People often list all assets on Attachment 1 or forget that Attachment 2 is for “all other assets” appraised by the probate referee. This can cause missing referee appraisal where required, incorrect totals, and delays while the court requests corrections. Put cash, bank accounts, and similar items the representative can appraise on Attachment 1, and place other assets (e.g., real property, business interests, valuable personal property) on Attachment 2 for the referee. If the form is only available as a flat non-fillable PDF, Instafill.ai can convert it into a fillable version and guide correct asset placement with validation rules.
Incorrectly claiming 'No probate referee is required' without a court order date
Some filers check “No probate referee is required” but do not have an order, or they forget to enter the court order date. If a referee is required and not used, the inventory may be rejected or you may be ordered to obtain a referee appraisal, causing significant delay. Only check this box if you have a specific court order and enter the exact date of that order. Instafill.ai can prompt for the order date and warn you if the selection is incomplete.
Property Tax Certificate section completed incorrectly (real property in California)
Filers often check the wrong statement about whether the decedent owned California real property, or they check both options (a and b). Incorrect certification can create compliance issues with Revenue and Taxation Code section 480 and may lead to follow-up requirements or penalties. Verify whether the decedent owned any California real property at death; if yes, ensure change of ownership statements were filed in each relevant county and select only the applicable option. Instafill.ai can help by prompting for county details and preventing mutually exclusive selections.
Bond section errors (waived vs. filed vs. blocked account receipts)
The bond portion is frequently inconsistent—people mark bond waived when it is not, omit the bond amount, or fail to complete the blocked account institution/location and receipt amounts. These mistakes can lead to the court finding the bond insufficient, requiring additional filings, or delaying appointment/authority. Confirm whether bond is waived by order or statute, or whether a bond was filed, and if blocked accounts are used, provide the institution name, location, deposit amount, and receipt totals. Instafill.ai can validate that required subfields appear when you select “Bond filed” or “blocked account” information.
Totals don’t reconcile between Attachments 1 and 2 and the 'TOTAL' fields
A very common issue is arithmetic errors or leaving the total fields blank, especially when multiple partial/supplemental inventories exist. Incorrect totals can affect bond sufficiency determinations and create confusion about the estate’s value, often resulting in a request to correct and refile. Recalculate totals carefully and ensure the “Total appraisal by representative” plus “Total appraisal by referee” matches the overall TOTAL shown. Instafill.ai can automatically sum line items and cross-check totals to prevent mismatches.
Missing signatures, dates, or printed names/titles in declarations
Because the form contains multiple declarations (representative/guardian/conservator and probate referee, plus attorney/party signature for the bond statement), people often sign one section but miss another, or forget to date and print names/titles. Unsigned or undated declarations are typically rejected and can require re-submission under penalty of perjury requirements. Confirm every signature block you are responsible for is signed, dated, and includes a typed/printed name (and corporate title if applicable). Instafill.ai can highlight incomplete signature/date blocks and generate a completion checklist before printing or e-filing.
Probate referee commission/expenses section completed by the wrong person or left vague
On page 2, filers sometimes enter the referee’s statutory commission and expenses themselves, leave expenses unspecified, or omit the referee’s signature. This section must reflect the referee’s true account and is tied to compensation; errors can lead to disputes, court questions, or a need for corrected paperwork. Ensure the probate referee completes and signs the commission/expenses portion and itemizes expenses where required. Instafill.ai can separate role-based sections and indicate which fields must be completed by the referee versus the fiduciary/attorney.

Frequently Asked Questions About DE-160/GC-040

 

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How does the AI fill out DE-160/GC-040?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of DE-160/GC-040, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is DE-160/GC-040 to fill out?
DE-160/GC-040 has a Form Complexity Index of 38 out of 100, in the basic tier: 60 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is Judicial Council form DE-160/GC-040 (Inventory and Appraisal) used for?
This form is used in California probate, guardianship, and conservatorship cases to report the estate’s assets and their values. It includes declarations by the representative/guardian/conservator (Attachment 1) and, when required, a probate referee (Attachment 2).
Who needs to complete and sign this form?
The personal representative, guardian, conservator, or small estate claimant completes the Inventory and Appraisal and signs the declaration for Attachment 1. If a probate referee is required, the referee completes and signs the declaration for Attachment 2.
What’s the difference between Attachment 1 and Attachment 2?
Attachment 1 is for assets the representative/guardian/conservator appraises themselves—typically cash, bank accounts, and certain lump-sum payable-to-estate benefits. Attachment 2 is for all other estate assets that must be appraised by a probate referee.
How do I choose between Partial, Final, Supplemental, Corrected, or Reappraisal for Sale?
Select the box that matches what you are filing: Partial (some assets), Final (complete inventory), Supplemental (additional assets discovered later), Corrected (fixing errors), or Reappraisal for Sale (updated value for a sale). If you’re unsure, check your court’s filing instructions or your attorney’s guidance.
What date should I use for valuing the assets listed on the attachments?
Assets are generally appraised as of the date of death (for a decedent’s estate) or the date of appointment (for a guardian or conservator). The form instructions specify fair market value as of that date.
What information do I need to fill out the top section (court and case details)?
You’ll need the county, court address/branch, the estate name, the case number, and the date of death or date of appointment. You also must indicate whether the matter involves a decedent, conservatee, or minor by checking the appropriate box.
When is a probate referee required, and when can I check 'No probate referee is required'?
A probate referee is typically required to appraise most non-cash assets listed on Attachment 2. You may check “No probate referee is required” only if the court has issued an order stating that, and you should enter the date of that court order.
What is the Property Tax Certificate section, and when do I complete it?
This section addresses California change-of-ownership reporting requirements (Revenue & Taxation Code section 480). You certify either that it’s not applicable because the decedent owned no California real property, or that the requirements were satisfied by filing change-of-ownership statements with the appropriate county recorder/assessor.
What is the 'Statement About the Bond' section and who signs it?
This section reports whether bond is waived, not required due to an exempt/corporate fiduciary, or has been filed, and whether blocked account receipts are sufficient. It must be signed by the attorney for the fiduciary, or by the fiduciary if there is no attorney.
What does 'blocked account' mean and when do I list receipts here?
A blocked account is a restricted account where funds can’t be withdrawn without a court order, often used in guardianships/conservatorships. If the court required deposits into a blocked account, list the financial institution/location, the amount, and whether receipts filed are sufficient.
How do I handle joint tenancy or non-probate assets on this inventory?
If you list joint tenancy or other non-probate assets for appraisal purposes only, they must be separately listed on additional attachments. Their value must be excluded from the total valuation of Attachments 1 and 2.
Do I need to mail a copy of this inventory to a state department in some cases?
Yes—if the minor or conservatee is or has been confined in a state hospital under the Department of Mental Health or Department of Developmental Services during the guardianship/conservatorship, you must mail a copy to the appropriate department director in Sacramento.
How long does it take to process an Inventory and Appraisal after filing?
Processing times vary by county and court workload, and the court may also require corrections if information is missing. For the most accurate estimate, check your local Superior Court probate division’s timelines or ask the clerk/your attorney.
Can AI tools help me fill out DE-160/GC-040 accurately?
Yes—AI form-filling services like Instafill.ai can help auto-fill form fields, reduce typing errors, and save time. You should still review everything carefully and ensure asset values and attachments match your supporting records.
How can I fill out this form online using Instafill.ai, and what if my PDF isn’t fillable?
You can upload the PDF to Instafill.ai, provide the case and asset details, and let the AI map your information into the correct fields for DE-160/GC-040. If the PDF is flat/non-fillable, Instafill.ai can convert it into an interactive fillable form before auto-filling.
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