California Form DE-120 is the official Judicial Council Notice of Hearing used to tell heirs, beneficiaries, creditors, trustees, and other interested parties that a probate or trust matter is scheduled in front of a probate judge. You fill it out by entering the court information, the case caption, the petitioner’s details, the hearing date and time, the department, and a short description of the matter being heard, then you serve it under California Probate Code § 1220 at least 15 days before the hearing.
A defective DE-120 is one of the most common reasons probate hearings get continued, dropped from the calendar, or vacated entirely, costing families months of delay and thousands in extra attorney fees. According to the California Courts Self-Help Center, the average California probate already takes 9 to 18 months, so a single bad notice can push final distribution past the two-year mark.
Here is what this guide will cover:
- 📝 Every line item on Form DE-120 and what to type in each box
- ⚖️ The federal and California statutes that control notice and service
- 📬 The exact 15-day mailing rule and when 30-day notice is required instead
- 👨👩👧 Three named-person scenarios showing real-world filings
- 🚫 The seven most common mistakes that get hearings continued
What Form DE-120 Is and Why It Exists
Form DE-120, titled Notice of Hearing—Decedent’s Estate or Trust, is a mandatory Judicial Council form approved for use in every California superior court. The form gives every person who has a legal stake in a decedent’s estate or trust written warning that a judge will decide something important on a specific date. Without this notice, a probate judge has no power to grant the petition because due process under the Fourteenth Amendment requires notice and an opportunity to be heard.
The form replaced the older patchwork of county-specific notice forms in the late 1980s when the Judicial Council standardized probate practice statewide. Today it is the single notice form used for nearly every contested or uncontested probate matter, including petitions to probate a will, petitions to administer an intestate estate, accountings, sales of real property, preliminary distributions, and trust petitions filed under Probate Code § 17200. The plain-English purpose is simple: tell everyone the who, what, where, and when of the hearing.
The consequence of skipping or botching DE-120 is severe. A judge will continue the hearing, drop the matter from the calendar, or in extreme cases vacate any order entered without proper notice, as the court did in Estate of Buchman (1954) 123 Cal.App.2d 546. A common misconception is that email or a phone call is enough. It is not. The Probate Code requires a signed, mailed notice on the official form, with a proof of service attached.
Federal Due Process Roots
Federal law sets the floor for what notice must look like. The U.S. Supreme Court in Mullane v. Central Hanover Bank, 339 U.S. 306 (1950) held that notice must be “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action.” California’s DE-120 procedure is built directly on Mullane. The consequence of ignoring this rule is a constitutional defect that can void any resulting order.
A real-world example: when a personal representative in a federal Indian probate matter under the American Indian Probate Reform Act fails to mail notice to a known heir, the Bureau of Indian Affairs can reopen the case years later. A common misconception is that Mullane only applies to federal cases. It applies to every state probate court too.
California Statutory Framework
California layers its own rules on top of federal due process. Probate Code § 1220 sets the default 15-day mailed notice rule. Probate Code § 1230 covers publication when an heir cannot be found. Probate Code § 17203 governs trust notices, and § 9613 covers creditor petitions.
The consequence of using the wrong statute as your basis is that the clerk may reject your notice or the judge may rule on the merits but reverse for lack of jurisdiction. A real-world example involves trustee Maria, who used § 1220 timing for a § 17200 trust matter when the trust instrument required 30 days. The judge continued the hearing and Maria paid for re-noticing. A common misconception is that one timing rule fits all probate matters, but it does not.
Where to Get the Current DE-120 Form
The only safe place to download Form DE-120 is the official California Courts forms page. The current revision is dated January 1, 2020, and it remains the controlling version through 2026. Third-party sites sometimes host outdated versions that the clerk will reject at the filing window.
You can fill the form on a computer using the fillable PDF, or you can print it and write in blue or black ink. Many counties now require electronic filing through eFileCA or county-specific portals like LA Court Connect, so the typed PDF is usually the better choice. The form has a companion attachment, Notice of Hearing—Decedent’s Estate or Trust—Attachment (DE-120A), used when the matter description does not fit in the box on the main page.
The consequence of using an outdated form is that the clerk will stamp it “received” but the judge may strike the notice for failing to use the current Judicial Council version, as required by California Rules of Court, Rule 1.31. A real-world example: paralegal Jamal pulled DE-120 from a Google search and used a 2014 revision. The Orange County clerk accepted it, but Judge Salter ordered the petitioner to re-serve. A common misconception is that small revisions do not matter, but the form’s caption and footer revision date do matter.
County-Specific Local Rules
Every California county adds local rules. Los Angeles County Local Rule 4.5 requires the hearing department and date to match the LA Court probate calendar exactly. Orange County Local Rule 605 requires the matter description to mirror the petition’s caption. San Diego County Probate Policy Memorandum requires tentative ruling language in some calendars.
The consequence of ignoring local rules is calendar chaos and continuances. A real-world example: petitioner Lisa filed in Santa Clara County but listed Department 1 instead of Department 14, and the matter was dropped. A common misconception is that the statewide form preempts local rules. It does not.
Step-by-Step: Filling Out the DE-120 Caption
The top third of the form is the caption. Every box matters because the clerk uses these boxes to route the document into the right court file.
Box 1: Attorney or Party Without Attorney
In the top-left box, type the name, State Bar number, firm name, address, telephone, fax, and email of the attorney filing the notice. If you are filing without an attorney, type “Self-Represented” instead of a State Bar number, and check the “Party Without Attorney” box. Include a working email because California Rules of Court require electronic service when an email is on file.
The consequence of leaving this box blank or wrong is that you may not receive the court’s tentative rulings, minute orders, or continuance notices. A real-world example: pro per filer David left his email blank and missed a tentative ruling vacating his hearing. A common misconception is that the court mails everything by paper. Most counties now serve electronically when an email is provided.
Box 2: Court Branch and Address
In the upper-right cluster, type the Superior Court of California, County of [County Name], the street address of the courthouse, and the branch name. Probate is heard at specific branches: the Stanley Mosk Courthouse in Los Angeles, Probate Department in Hayes Hall in San Francisco, and Department 3 in Sacramento. Wrong branch equals wrong courtroom.
The consequence of listing the wrong branch is that interested parties may show up at the wrong location and the court may continue the matter. A real-world example: attorney Priya listed the Pomona branch when the case was actually at Mosk. The hearing was continued 45 days. A common misconception is that any LA courthouse will do. It will not.
Box 3: Estate or Trust Caption
The middle caption block reads “Estate of [Decedent’s Full Legal Name], Deceased” or “[Trust Name], a Trust.” Use the decedent’s full legal name as it appears on the death certificate, and add any AKAs in parentheses. The case number must match exactly the number issued on the original petition.
The consequence of a mismatched caption is that the notice will not be filed in the correct case folder. A real-world example: clerk Rosa rejected a notice captioned “Estate of John Smith” when the petition read “Estate of John Q. Smith, aka Johnny Smith.” A common misconception is that punctuation and middle names are optional. They are not.
Step-by-Step: Filling Out the Notice Body
The middle of the form is the substantive notice. This is where most mistakes happen.
Item 1: Name of Petitioner
Type the full legal name of the petitioner, the person who filed the underlying petition. If multiple co-petitioners filed, list all names separated by commas. The petitioner is not the decedent and not the attorney.
The consequence of misnaming the petitioner is that interested parties may not understand who is asking for relief, which can support a later objection. A real-world example: paralegal Steve wrote “John Smith Estate” instead of “Jane Smith, Petitioner.” The judge required re-service. A common misconception is that the petitioner is the law firm. It is the human or entity asking the court for an order.
Item 2: Notice Statement
Item 2 is pre-printed and reads, in substance, that a hearing has been set on the petition described in item 4. You do not write anything here. The form already includes the magic notice language required by Probate Code § 1220(a).
The consequence of trying to alter Item 2 is that the clerk will reject the form as a non-conforming Judicial Council form. A real-world example: a Riverside filer crossed out “petition” and wrote “motion.” The clerk rejected the filing. A common misconception is that you can edit pre-printed text. You cannot.
Item 3: Description of Matter
Item 3 (sometimes labeled differently depending on the revision) is the short description of what the court will decide. Examples include “Petition for Probate of Will and for Letters Testamentary,” “First and Final Account and Petition for Final Distribution,” or “Petition to Confirm Sale of Real Property.” Use the exact title from the underlying petition’s caption.
The consequence of a vague description is that interested parties may not realize the hearing affects their rights, which can support a later motion to set aside under Code of Civil Procedure § 473. A real-world example: trustee Carlos wrote “Trust matter” instead of “Petition to Modify Irrevocable Trust under Probate Code § 15403.” The beneficiary later set aside the order. A common misconception is that a short description is fine. It must be specific.
Item 4: Date, Time, Department, Room
Item 4 is the heart of the notice. Type the date (month, day, year), the time (e.g., 8:30 a.m.), the department number, and the room number, exactly as listed on the court’s reservation slip or online calendar. Probate calendars run on specific days in most counties — for example, LA Probate is heard daily in multiple departments, while San Mateo Probate hears matters Tuesdays and Thursdays.
The consequence of any error in item 4 is automatic continuance. A real-world example: paralegal Anita typed 8:30 p.m. instead of 8:30 a.m. The judge struck the notice. A common misconception is that the court will overlook obvious typos. The court will not, because incorrect time information misleads the public.
Item 5: Address of Court
Item 5 confirms the street address of the courthouse, which usually pre-fills from the caption. Verify it matches the branch listed in box 2. If your county uses a satellite probate location, list the satellite address.
The consequence of an address mismatch is the same as a wrong branch — interested parties go to the wrong place. A real-world example: attorney Greg listed the main San Diego courthouse but the case was at the Madge Bradley Building. The judge continued. A common misconception is that the address is decorative. It is jurisdictional.
Service: How to Mail and File the Notice
Filling out the form is only half the job. You must serve it correctly under Probate Code § 1215 and prove service to the court.
The 15-Day Rule
Under Probate Code § 1220, you must mail the DE-120 to every interested party at least 15 days before the hearing. “Interested parties” include heirs at law, devisees, beneficiaries, the personal representative, the California Attorney General for charitable beneficiaries, and known creditors when relevant. The 15 days are calendar days, not court days.
The consequence of mailing on day 14 is automatic continuance, period. A real-world example: petitioner Olivia mailed her DE-120 exactly 14 days before the hearing in Alameda County. Judge Hernandez continued the matter and ordered re-service. A common misconception is that the postmark counts. The mailing date must give the recipient a full 15 days before the hearing date.
When 30-Day Notice Applies
Some matters require 30 days. Trust petitions under Probate Code § 17203 require 30 days. Petitions involving conservatorships under Probate Code § 1822 often require longer notice. Petitions to compel an accounting from a trustee can require 60 days under the trust instrument.
The consequence of using 15 days when 30 is required is the same: continuance, plus the cost of re-service. A real-world example: trustee Marco gave 15-day notice for a § 17200 modification and Judge Yu continued the matter for proper 30-day service. A common misconception is that the default 15 days always works. It does not.
Publication Under § 1230
When an heir’s address is unknown after diligent search, Probate Code § 1230 allows publication in a newspaper of general circulation. You publish three times, with at least five days between the first and last publication, ending at least 15 days before the hearing.
The consequence of publishing without first showing diligent search is that the judge may find the publication invalid. A real-world example: attorney Dana published in the Daily Journal without first searching social media or last-known-address records. The court rejected the publication. A common misconception is that publication is a shortcut. It is a last resort.
Proof of Service
After mailing, the person who mailed the notice signs a proof of service, often the back page of DE-120 itself or a separate POS-030. The signer must be 18 or older and not a party. File the proof of service with the court before the hearing.
The consequence of missing proof of service is that the court has no record of notice and will continue the hearing. A real-world example: paralegal Ben mailed the notice but forgot to file the proof. Judge Park continued the hearing 30 days. A common misconception is that the clerk tracks proof of service automatically. The filer must file it.
Three Real-World Scenarios
Below are the three most common DE-120 scenarios. Each table shows the action taken and the legal consequence.
Scenario 1: Probate of a Will
Daughter Sofia files a Petition for Probate of her late father’s will in Los Angeles. She prepares DE-120 listing the petition title, hearing date, and Department 9 at Mosk Courthouse, then mails it to her three siblings and the named alternate executor.
| Filing Step | Legal Outcome |
|---|---|
| Sofia mails DE-120 16 days before hearing | Notice satisfies § 1220 |
| Sofia files proof of service 5 days before hearing | Court has jurisdiction to grant Letters |
| Judge grants Letters Testamentary at hearing | Sofia becomes personal representative |
Scenario 2: Trust Modification Under § 17200
Successor trustee Hassan files a § 17200 petition to modify an irrevocable trust. He must give 30-day notice to all current and remainder beneficiaries.
| Trustee Action | Court Response |
|---|---|
| Hassan mails DE-120 31 days before hearing | Notice satisfies § 17203 |
| Hassan attaches DE-120A describing modification | Beneficiaries on notice of specifics |
| Judge enters modification order | Trust amended without litigation |
Scenario 3: Creditor Petition Under § 9613
Creditor First National Bank files a petition under Probate Code § 9613 to compel the personal representative to allow a rejected claim. The bank serves DE-120 on the personal representative and counsel.
| Creditor Step | Probate Result |
|---|---|
| Bank mails DE-120 20 days before hearing | Personal representative on notice |
| Bank files proof of service 7 days early | Court calendars matter |
| Judge orders allowance of claim | Bank receives priority distribution |
Mistakes to Avoid
Below are the seven most common mistakes that cost real money and time.
- Mailing fewer than 15 days before the hearing, which forces a continuance and adds 30 to 60 days to the case
- Listing the wrong department or courtroom, which sends interested parties to the wrong location and triggers a re-service order
- Forgetting to file the proof of service before the hearing, which leaves the court without jurisdiction to rule
- Using a vague matter description like “Probate matter,” which can support a motion to set aside under CCP § 473
- Skipping notice to the California Attorney General’s Charitable Trusts Section when a charity is a beneficiary, which voids the order as to the charity
- Using an outdated revision of DE-120, which violates Rule of Court 1.31 and may be struck
- Having a party sign the proof of service, which is invalid under Code of Civil Procedure § 1013a
Do’s and Don’ts
Below is a quick checklist of best practices.
- Do confirm the hearing date through the court’s online calendar the morning you draft the notice, because last-minute calendar moves do happen
- Do mail by certified mail with return receipt for high-stakes hearings, because the green card is bulletproof proof of receipt
- Do attach DE-120A whenever the matter description exceeds the box, because cramming small print invites a clerk rejection
- Do serve the Department of Health Care Services when the decedent received Medi-Cal, because failing to do so can expose the estate to recovery claims
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Do calendar the proof-of-service filing deadline separately, because filing the proof is its own task
-
Don’t rely on email service unless the recipient consented in writing, because uninvited email service is invalid
- Don’t list the attorney as the petitioner, because the attorney is the agent, not the party
- Don’t use white-out or hand corrections on a typed PDF, because the clerk will reject visibly altered forms
- Don’t assume the court reset the calendar for you, because calendar resets require a new DE-120
- Don’t skip publication when an heir is missing, because actual mailed notice plus publication is the only safe route under § 1230
Pros and Cons of Self-Preparing DE-120
Below are the practical trade-offs of preparing the form yourself.
- Pro: The form is free from the Judicial Council site, which avoids attorney drafting fees of $200 to $500 per notice
- Pro: Pro per filers can use the Self-Help Center workshops for free guidance on filling out the boxes
- Pro: Filling the form yourself builds familiarity with the probate calendar, which speeds future filings
- Pro: E-filing through eFileCA costs only the standard filing fee, with no service charge
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Pro: You control the mailing date and can confirm timing personally
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Con: A single missed deadline can cost more than an attorney would have charged, because re-service requires postage, copies, and a continuance
- Con: County-specific local rules are easy to miss, especially in Los Angeles and Orange County
- Con: Pro per filers cannot rely on malpractice insurance if a mistake harms the estate
- Con: Trust matters under § 17200 often involve nuanced 30-day notice rules that trip up non-lawyers
- Con: Defective notice can support a later set-aside motion, which can unravel distribution years later
Key Entities to Know
Several entities play roles in the DE-120 process. The Judicial Council of California drafts and approves the form. The California Probate Code sets the substantive notice rules. The State Bar of California regulates attorneys filing the form. Each County Superior Court has its own probate department and local rules.
The Department of Health Care Services must be noticed in Medi-Cal recovery cases. The Franchise Tax Board must be noticed when state tax claims are at issue. The California Attorney General must be noticed when charities are beneficiaries. Each plays a defined statutory role and ignoring any of them creates appellate exposure.
Recap of Relevant Court Rulings
California appellate courts have repeatedly reinforced the centrality of DE-120 notice. In Estate of McGuigan (2000) 83 Cal.App.4th 639, the court reversed an order entered without proper § 1220 notice. In Lazzarone v. Bank of America (1986) 181 Cal.App.3d 581, the court emphasized that mailed notice is the floor, not the ceiling. In Estate of Kerkorian (2018), the court reaffirmed that defective notice voids any resulting probate order.
The plain-English takeaway is that judges treat DE-120 as jurisdictional. The consequence of ignoring the rulings is reversal on appeal and personal liability for the personal representative. A real-world example is petitioner Frank, whose Letters were vacated four years after issuance because of defective notice. A common misconception is that time cures defects. It does not, because lack of notice is jurisdictional.
FAQs
Is Form DE-120 required for every probate hearing?
Yes. Every noticed probate hearing in California requires Form DE-120 or its equivalent Judicial Council notice form, because Probate Code § 1220 makes mailed notice mandatory before any hearing on a petition.
Can I file DE-120 electronically?
Yes. Most California counties accept electronic filing through eFileCA or county portals, and the typed PDF version of DE-120 is the preferred format for e-filing in counties like Los Angeles, Orange, and San Diego.
Do I have to mail DE-120 to every heir even if they signed a waiver?
No. A valid written waiver of notice under Probate Code § 1220(b) excuses mailing to that specific person, but you still file the waiver with the court before the hearing.
Is 15 days the deadline in every county?
No. Fifteen days is the statewide minimum under § 1220, but trust petitions, conservatorships, and certain creditor matters require longer notice periods set by separate Probate Code sections.
Can the petitioner sign the proof of service?
No. Code of Civil Procedure § 1013a requires the person who mailed the notice to be a non-party adult, so the petitioner cannot sign the proof of service for their own petition.
Does email service count as valid notice?
No. Email service is valid only when the recipient has consented in writing or e-service is mandated by the court, otherwise mailed notice through the U.S. Postal Service is required.
Will the court mail DE-120 for me?
No. California probate courts do not mail notices for petitioners, so the petitioner or the petitioner’s attorney must arrange mailing and file proof of service.
Can I correct a DE-120 mistake by hand at the filing window?
No. The clerk will reject visibly altered Judicial Council forms, so you must reprint the corrected version and re-serve all interested parties from scratch.
Is publication a substitute for mailing?
No. Publication under § 1230 supplements mailed notice for missing heirs only, and the petitioner must first show diligent search before relying on publication.
Can defective notice be cured at the hearing?
No. A judge cannot cure defective notice on the hearing date because the 15-day rule must be satisfied before the hearing, so the court will continue the matter for proper re-service.
Do I need to notice the Attorney General when a charity is named?
Yes. When a charity is a beneficiary or has a contingent interest, Probate Code § 17203 and Government Code § 12591 require notice to the California Attorney General’s Charitable Trusts Section.
Can a beneficiary waive the 30-day trust notice?
Yes. A trust beneficiary may waive notice in writing under Probate Code § 17604, but the waiver must be signed, dated, and filed with the court before the hearing.
Related reading
- How to Fill Out California Form DE-121 (w/Examples) + FAQs
- How to Fill Out California Form DE-122 (w/Examples) + FAQs
- How to Fill Out California Form DE-142 (w/Examples) + FAQs
- How to Fill Out California Form DE-157 (w/Examples) + FAQs
- How to Fill Out California Form DE-161 (w/Examples) + FAQs
- How to Fill Out California Form DE-300 (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs