To help, there's a list of definitions you may need to know to fill out or understand forms or instructions. Does the estate need to go through probate?Fill out and file form DE-221 explaining why the property belongs or should legally pass to the surviving spouse and describing the property. Detailed steps for completing probate on a Will in California, on your own or with an attorney. Exactly what happens in a California Probate Court? Selling property of a deceased person and identity theft; Estate tax based on value of assets; Forms and publications. How to file final tax returns. Are Wills Public Record? The personal representative must first open the estate, which entails submitting the original copy of the will, if there is one, to the probate court. Find common questions and answers about estate taxes, including requirements for filing, selling inherited property and taxable gifts.