California Form DE-120, Notice of Hearing—Decedent’s Estate or Trust, is the two-page Judicial Council form you use to tell heirs, beneficiaries, creditors, and other interested parties about an upcoming probate or trust hearing. You fill in the hearing date, time, and location on page one; a non-party over 18 mails a copy of the notice and the underlying petition to every required recipient; that person signs the proof of service on page two; and you file the completed form with the probate court clerk before the hearing.
When You Use DE-120
You need DE-120 any time a California statute requires notice “as provided in Section 1220” of the Probate Code. That covers petitions for preliminary or final distribution, accountings, requests to sell real property, petitions for executor or trustee compensation, and reports on the status of administration.1California Legislative Information. California Code, Probate Code – PROB 1220 Trust petitions filed under Probate Code Section 17200 — including requests to remove or appoint a trustee, settle trust accounts, or modify or terminate a trust — also use this form, on a longer notice schedule.2California Legislative Information. California Probate Code 17200
Three situations require a different form, and page one of DE-120 prints a warning to that effect. Use Form DE-121 for the initial petition to administer an estate. Use Form GC-020 for guardianship or conservatorship hearings. Use Form DE-115/GC-015 for a petition to determine a claim to property.3Judicial Council of California. California Court Form DE-120 – Notice of Hearing—Decedent’s Estate or Trust
Who Must Receive Notice
The default rule under Section 1220 is that notice goes to the personal representative of the estate and every person who has filed a Request for Special Notice under Probate Code Section 1250.1California Legislative Information. California Code, Probate Code – PROB 1220 The specific statute authorizing your petition often adds recipients. A petition to distribute assets typically requires notice to all known beneficiaries and heirs. A petition involving a charitable trust must also notify the Attorney General.
For trust proceedings under Section 17203, the required recipients are all trustees, all beneficiaries, and — if the trust is charitable — the Attorney General. Anyone else whose rights would be affected must be personally served rather than mailed a copy.4California Legislative Information. California Probate Code 17203 – Proceedings Concerning Trusts
Check the statute that authorizes your petition to confirm the full recipient list. The judge will verify at the hearing that everyone entitled to notice received it, and a missing name can delay or derail the proceeding.5California Legislative Information. California Code, Probate Code – PROB 1260
Filling Out Page One
Page one is the notice itself, the document that gets mailed. It has a standard Judicial Council header block and two numbered items.3Judicial Council of California. California Court Form DE-120 – Notice of Hearing—Decedent’s Estate or Trust
Header Block
Fill in your name, or your attorney’s name and State Bar number, along with mailing address, phone, and email. On the right, enter the county of the superior court, the court’s street address, and the branch name if applicable. Below that, enter the estate or trust name exactly as it appears on the original filing, check the box for Decedent, Trust, or Other, and write in the case number the clerk assigned.
Items 1 and 2
Item 1 asks for the name of the person who filed the petition, their capacity (such as Executor or Successor Trustee), and the title and brief description of the petition being heard. Be specific. “Petition for Preliminary Distribution of Estate Assets” tells the recipient more than “Petition.”
Item 2 is where you enter the hearing date, time, department number, and room number. Get these from the court clerk when you file the underlying petition, or from the court’s online calendar. If the hearing takes place at a different address than the one in the header, list that address in the space provided. Check every detail twice. An incorrect hearing date printed on dozens of mailed notices can only be fixed with a continuance.
Below item 2, the form includes a note about accessibility accommodations. You do not fill anything in there; recipients who need an assistive listening device or sign language interpreter contact the clerk’s office themselves at least five days before the hearing.
Serving the Notice
Service is where most mistakes happen. A defective proof of service will stall your case.
Who Can Serve
The person who mails the notices must be at least 18 and cannot be a party to the proceeding. You, as the petitioner, cannot mail them yourself. A friend, coworker, or professional process server can.3Judicial Council of California. California Court Form DE-120 – Notice of Hearing—Decedent’s Estate or Trust
How To Mail
Under Probate Code Section 1215, the server places copies in sealed envelopes with postage prepaid and deposits them with the U.S. Postal Service by first-class mail. Certified, registered, and express mail all qualify as first-class. Use airmail for any address outside the United States. Personal delivery is also acceptable under Section 1216.6Justia. California Probate Code 1215-1217
Each envelope must include a copy of the petition or other document referenced in item 1, not just the notice. Item 5 on page two has a checkbox confirming this was done; leaving it unchecked signals to the judge that something is missing.3Judicial Council of California. California Court Form DE-120 – Notice of Hearing—Decedent’s Estate or Trust
Deadlines
For estate matters under Section 1220, mailing must happen at least 15 days before the hearing. The clock stops when the envelopes hit the mail; once deposited, mailing is complete and the notice period is not extended by transit time.1California Legislative Information. California Code, Probate Code – PROB 1220 For trust proceedings under Section 17203, the deadline is at least 30 days before the hearing.4California Legislative Information. California Probate Code 17203 – Proceedings Concerning Trusts Missing either deadline by a day usually means the judge cannot act on the petition and you start over with a new hearing date.
Completing Page Two: Proof of Service by Mail
The bottom half of page two is the Proof of Service by Mail. The server, not the petitioner, fills it out and signs it after the mailing is done.3Judicial Council of California. California Court Form DE-120 – Notice of Hearing—Decedent’s Estate or Trust
- Item 1: the server confirms they are over 18, not a party to the case, and a resident of or employed in the county where the mailing took place.
- Item 2: the server’s residential or business address.
- Item 3: the server checks either box 3a (deposited directly with the U.S. Postal Service) or box 3b (placed for collection and mailing following ordinary business practices, such as a law firm’s outgoing mail system).
- Item 4: the date the envelopes were mailed and the city and state of mailing.
- Item 5: the server checks this box to confirm that a copy of the underlying petition or document was included with each notice.
Below these items, the server signs the declaration under penalty of perjury, prints their name, and enters the date. At the bottom of the page, list every recipient’s full name and complete mailing address. If you run out of space, attach additional pages in the same format.
Page two also has a Clerk’s Certificate of Posting section near the top. Leave it blank. The clerk fills it in if the court is required to post notice at the courthouse.
Filing the Completed Form
After the server signs the proof of service, deliver the original signed form to the court clerk’s filing window. There is generally no separate filing fee for DE-120 when it accompanies an already-paid petition. Extra uncertified copies cost $0.50 per page.7California Courts. How to Get a Copy of a Court Record The clerk stamps the form “Filed” and returns a conformed copy. Keep that copy; the judge will expect proof that notice was given before proceeding with the hearing.
Some counties accept electronic filing for probate documents. Check your local court’s website or self-help center to see whether e-filing is available for your courthouse. You can download a fillable PDF of the current form from the California Courts website.8California Courts | Self Help Guide. Notice of Hearing—Decedent’s Estate or Trust (DE-120)
What Happens if Notice Is Defective
At or before the hearing, the court reviews your proof of service to confirm that notice was properly given. If the judge is satisfied, the order includes a finding that notice was adequate, and once that order becomes final, no one can later challenge the notice.5California Legislative Information. California Code, Probate Code – PROB 1260
If notice was defective, because a required person was left off the mailing list, the mailing happened too late, or the proof of service is incomplete, the judge will typically continue the hearing and order you to re-serve. A party entitled to notice can waive it, but the waiver must be on the record before the court will proceed without proof of mailing. Get the mailing right the first time. Re-serving and rescheduling can add weeks to a probate timeline.