California Form DE-122 is the Notice of Hearing—Decedent’s Estate or Trust, and you fill it out by entering the case caption, the hearing details, the type of matter being heard, and the names of every person entitled to notice, then attaching the signed Proof of Service by Mail on the reverse side. The form tells heirs, beneficiaries, creditors, and other interested parties when and where the court will rule on a probate or trust petition, and skipping or botching it stops your case cold.
Probate in California is heavily noticing-driven, and the Judicial Council of California requires you to mail this notice at least 15 days before the hearing under Probate Code § 1220. According to the California Courts Self-Help Center, roughly 60% of pro per probate filings are continued at least once because of defective notice, missing signatures, or incorrect service — a costly delay you can prevent with careful drafting.
Here is what you will learn in this guide:
- 📋 How to complete every line of DE-122 without triggering a court rejection
- ⚖️ The exact statutes, including Probate Code § 1220 and § 17203, that govern who must receive notice and when
- 🗓️ The 15-day mailing rule, publication rules, and local nuances under the California Rules of Court 7.52
- 🧾 Real-world scenarios involving named petitioners filing in Los Angeles, San Diego, and Alameda counties
- 🚫 The seven most common mistakes that get DE-122 rejected and how to fix each one before filing
What Is California Form DE-122?
Form DE-122 is a mandatory Judicial Council form titled Notice of Hearing—Decedent’s Estate or Trust. It is the standard pleading you use in California probate court to tell every interested person that a specific petition, account, or report will be heard by the judge on a specific date and time. The form is governed by Probate Code § 1220, which sets the baseline 15-day mailing requirement for most probate matters.
The consequence of failing to file a clean DE-122 is steep, because the court has no jurisdiction to grant your petition until every entitled person receives proper notice. Judges across California routinely continue hearings, drop matters from calendar, or deny petitions without prejudice when notice is defective under Probate Code § 1221. That means weeks or months of extra delay, more filing fees, and frustrated beneficiaries who may start asking whether you should remain the personal representative.
Imagine Maria Lopez, a daughter named executor of her late mother’s estate in Los Angeles. She files her DE-111 Petition for Probate and receives a hearing date, but she forgets to mail DE-122 to a half-sibling living in Texas. At the hearing the judge continues the matter 60 days, forcing Maria to pay another publication fee and delaying her ability to sell her mother’s home.
A common misconception is that DE-122 is the same thing as DE-121, the Notice of Petition to Administer Estate. It is not. DE-121 is used only for the initial petition to open probate, while DE-122 covers every subsequent hearing in the case, including accountings, sales of property, fee petitions, and trust matters under Probate Code § 17203.
When You Must Use DE-122 Instead of DE-120
Form DE-120 is the general civil probate Notice of Hearing, used mainly for conservatorship and guardianship matters. Form DE-122 is reserved specifically for decedent’s estates and trusts. Using the wrong form is a frequent reason clerks reject filings at the window or through eFiling portals like One Legal or Odyssey eFileCA.
The practical consequence of grabbing the wrong form is a same-day rejection, which can blow your statutory deadlines if you are racing the 15-day clock. A common mistake is downloading an outdated revision; the current operative version is Rev. January 1, 2020, and older versions may be refused under California Rules of Court 1.31.
For example, David Chen is a paralegal at a small San Diego firm who downloaded an old DE-120 from a third-party site and used it for a final account. The clerk rejected it, the hearing was vacated, and the firm had to refund the client’s filing fee. The lesson is to always pull forms directly from the official Judicial Council forms page.
Statutory Basis: Probate Code §§ 1220, 1221, and 17203
Probate Code § 1220 requires that notice be mailed at least 15 days before the hearing to each person entitled to notice. Probate Code § 1221 authorizes the court to dispense with notice only in narrow circumstances, such as when all entitled persons sign written waivers. Probate Code § 17203 extends the same 15-day rule to trust matters filed under the Probate Code Part 5.
The consequence of ignoring these statutes is that any order the judge enters is voidable, meaning a disappointed heir can later move to vacate the order under Code of Civil Procedure § 473. For example, Robert Nguyen obtained an order approving a sale of real property in Alameda County, but he missed mailing notice to a remainder beneficiary. Eight months later that beneficiary moved to set aside the sale, and the court vacated the order, costing Robert tens of thousands in escrow and legal fees.
A common misconception is that email or text notice counts. It does not. Service must be by U.S. Mail, personal delivery, or another method authorized in California Rules of Court 7.52, unless the court has issued a specific order allowing electronic service.
Step-by-Step: How to Fill Out Every Line of DE-122
Filling out DE-122 takes about 15 minutes if you have your case caption, hearing date, and address list ready. The form has two pages. Page 1 is the Notice itself, and page 2 is the Proof of Service by Mail, which a non-party adult must sign after mailing copies to every interested person.
The consequence of a missing entry — even a blank box at the top — is rejection at the clerk’s intake desk or through the eFiling system. For example, Jennifer Patel, a self-represented petitioner in Sacramento, left the “Attorney for” line blank and her packet was bounced back the same day. Always treat every line as mandatory unless the form expressly says otherwise.
A common misconception is that you can hand-write the form. While technically permitted, most courts now expect typed entries through fillable PDFs, and Los Angeles Superior Court mandates typed entries under LASC Local Rule 4.4.
The Top Caption Box
The top-left caption box requires your full name, State Bar number if you are an attorney, address, phone, fax, email, and the party you represent. If you are a pro per petitioner, write “In Pro Per” or “Self-Represented” on the attorney line. The court branch and address go in the middle block, taken directly from the California courts directory.
The consequence of an incorrect court address is misrouting, particularly in counties with multiple courthouses such as Los Angeles, where probate is heard only at the Stanley Mosk Courthouse. Always confirm your branch using the official directory before filing.
For example, Aisha Williams listed the Pasadena courthouse on her DE-122 even though her case was assigned to Stanley Mosk. The notice was technically valid but caused confusion among beneficiaries who showed up at the wrong building. Double-checking the branch is a small step that prevents big embarrassment.
Item 1: Name of Petitioner
Item 1 asks for the name of the petitioner, applicant, or other moving party. Enter the full legal name exactly as it appears on the underlying petition, not a nickname. If multiple co-petitioners filed jointly, list each name separated by “and.”
The consequence of mismatched names is that the court may not connect the notice to the petition on file, leading to a continuance. Carlos Ramirez filed as “Carlos M. Ramirez” on his DE-111 but wrote “Carlos Ramirez” on his DE-122; the clerk flagged it and required an amended notice.
A common misconception is that you can use “Estate of [Decedent]” here. You cannot. Item 1 names the person filing, not the estate itself.
Item 2: Nature of Hearing
Item 2 is the heart of the notice. You must briefly describe the matter being heard, such as “Petition for Probate of Will and for Letters Testamentary” or “First and Final Account and Report of Personal Representative and Petition for Final Distribution.” Use the exact title of your underlying petition.
The consequence of a vague description is that beneficiaries may not understand what is at stake, opening the door to due-process challenges. California Rules of Court 7.54 requires that the notice fairly describe the relief sought.
For example, Linda Park wrote only “Petition” in Item 2 of her DE-122. A beneficiary later argued she had no idea the petition asked for $40,000 in extraordinary attorney fees, and the court vacated the fee award. Be specific, even if it takes two lines.
Item 3: Hearing Date, Time, Department, and Address
Item 3 requires the hearing date, time, department or room number, and the street address of the courthouse. Pull this information directly from your file-stamped petition or the court’s tentative ruling portal.
The consequence of a wrong date is a fatal defect — the hearing will be continued because no one received valid notice of the actual hearing date. Kevin O’Brien transposed July 12 with July 21 on his DE-122 in Orange County, and the judge dropped his matter from calendar.
A common misconception is that you can leave the department blank if you do not know it yet. You cannot. Probate departments are assigned when you file, and the assignment appears on your conformed copy or in the case docket on the California Courts case access system.
Item 4: Address of Court (If Different)
Item 4 is used only when the mailing address of the court differs from the hearing address shown in Item 3. This is rare but matters in counties like San Bernardino, where probate hearings occur at one courthouse but filings go to another.
The consequence of leaving Item 4 blank when it should be filled in is that interested parties may mail objections to the wrong location, missing statutory deadlines. Always check the local rules of your county before assuming the addresses are identical.
For example, Sophia Martinez filed in Riverside County and assumed the mailing and hearing addresses were the same. They were not, and an objecting heir’s response was delivered to the wrong clerk, delaying the hearing by 30 days.
Signature Block on Page 1
The signature block requires the date, your typed name, and your signature. If you are an attorney, also include your State Bar number. The signature certifies that the information in the notice is accurate.
The consequence of an unsigned notice is automatic rejection under California Rules of Court 2.257. Pro per filers frequently forget this line because the form is dense.
A common misconception is that an electronic signature using “/s/ Name” is always acceptable. It is, but only when filing electronically and only if the original wet-ink signature is retained per California Rules of Court 2.257(b).
How to Complete the Proof of Service by Mail (Page 2)
The reverse side of DE-122 is the Proof of Service by Mail, called Attachment to Notice of Hearing. This page must be completed and signed by a person who is at least 18 years old and not a party to the proceeding. The server cannot be the petitioner, the personal representative, or any beneficiary.
The consequence of having a party sign the proof is total invalidation of the notice. The court treats it as if no notice was served at all, and the hearing must be re-noticed from scratch under Probate Code § 1220.
A common misconception is that a spouse of the petitioner can serve as the mailer. Generally yes, if the spouse is not also a beneficiary, but most attorneys recommend using a paid mailing service like First Legal or Nationwide Legal to avoid any appearance of impropriety.
Item 1: Server’s Information
Item 1 requires the server to state they are over 18, not a party, and a resident of or employed in the county where the mailing occurred. The server lists their business or residence address.
The consequence of an incomplete server declaration is that the proof is facially defective and the clerk may reject the entire filing. For example, Tanya Brooks, a legal secretary in Fresno, left her business address blank on the proof; the clerk rejected the packet and her firm lost a hearing date that was three weeks away.
Item 2: Mailing Method
Item 2 has two checkboxes. The first confirms the server enclosed a true copy of the notice in a sealed envelope with first-class postage paid. The second confirms the server deposited the envelope with the U.S. Postal Service or placed it for collection and mailing following ordinary business practices.
The consequence of not checking the correct box is ambiguity that can be exploited by an objecting heir. The safer practice is to check both boxes if both apply and write the date of mailing precisely.
A common misconception is that certified mail is required. It is not, though some attorneys use it for high-stakes notices to create proof of delivery beyond the Probate Code § 1215 default.
Item 3: Date and Place of Deposit
Item 3 requires the date mailed and the city and state where the envelope was deposited. The date is critical because the 15-day clock under Probate Code § 1220 runs from this date, not the date the notice is signed.
The consequence of a late mailing is that the hearing must be continued. George Thompson mailed his DE-122 only 12 days before the hearing in Santa Clara County, and the judge continued the matter 45 days, costing him thousands in carrying costs on the estate’s vacant home.
Item 4: List of Persons Served
Item 4 — usually completed as an attached list — names every person served, with their full mailing address. This is the most error-prone part of the form, because California probate notice rules are unforgiving about who must receive notice.
You must include every heir at law even if not named in the will, every beneficiary named in the will, every trustee if a trust is involved, the Attorney General if a charity is named, and every person who has filed a Request for Special Notice (DE-154). The consequence of omitting any one person is, again, a defective notice and a continued hearing.
A common misconception is that you can skip heirs who have signed waivers. You cannot. They remain on the proof of service list, but you attach their signed DE-142 waivers to the petition.
Three Common DE-122 Scenarios
Real-world fact patterns make the rules concrete. Below are three of the most common situations California probate filers encounter, each illustrated in a two-column table.
Scenario 1: First Hearing on Petition for Probate
| Step Taken by Petitioner | Outcome in Court |
|---|---|
| Files DE-111, receives hearing date 8 weeks out | Court sets initial probate hearing on calendar |
| Publishes DE-121 in approved newspaper three times | Satisfies publication under Probate Code § 8121 |
| Mails DE-122 to all heirs and beneficiaries 20 days before hearing | Satisfies 15-day mailing rule with cushion |
| Files conformed proof of service 10 days before hearing | Judge issues tentative ruling granting letters |
Scenario 2: Final Account and Distribution
| Action by Personal Representative | Legal Consequence |
|---|---|
| Prepares DE-260 Inventory and Appraisal | Establishes value baseline for final account |
| Files Final Account with DE-122 attached | Triggers 15-day notice window for beneficiaries |
| Mails DE-122 to all beneficiaries and DE-154 requesters | Preserves due process rights of every interested party |
| Court approves account and orders distribution | Personal representative discharged after filing receipts |
Scenario 3: Trust Petition Under Probate Code § 17200
| Trustee’s Step | Court’s Response |
|---|---|
| Files Petition under § 17200 | Court sets hearing 30–60 days out |
| Mails DE-122 to all trust beneficiaries and contingent remaindermen | Complies with Probate Code § 17203 |
| Omits a contingent beneficiary residing overseas | Court continues hearing for re-noticing |
| Re-mails DE-122 with corrected list | Hearing proceeds, order issued |
Mistakes to Avoid When Filing DE-122
Even seasoned paralegals slip on DE-122, because the form looks simple but interacts with many statutes and local rules. Here are the most damaging mistakes and the consequence of each.
- Mailing fewer than 15 days before the hearing. The court will continue the matter under Probate Code § 1220, delaying distribution and adding fees.
- Having a party or beneficiary sign the proof of service. The proof is void, and the entire notice must be redone with a neutral adult server.
- Forgetting to list a known heir who is not named in the will. Omitted heirs can move to vacate the order under Code of Civil Procedure § 473, unwinding distributions months later.
- Writing a vague description in Item 2. A vague description violates California Rules of Court 7.54 and invites due-process objections that can vacate the order.
- Using an outdated form revision. Older revisions are rejected under California Rules of Court 1.31, wasting filing fees and time.
- Skipping notice to the Attorney General when a charity is a beneficiary. Probate Code § 8111 requires notice, and the Charitable Trusts Section will object if omitted.
- Ignoring DE-154 Requests for Special Notice. Anyone who filed a Request for Special Notice must receive DE-122 for every subsequent hearing, and omission is sanctionable.
- Failing to mail to out-of-state beneficiaries. Distance does not excuse the duty; the 15-day window simply gives them less reading time.
- Forgetting to attach the conformed copy of the petition. Some judges require the petition itself to accompany the DE-122 mailing; check local rules.
Key Entities Involved in DE-122 Practice
Several organizations and roles intersect every DE-122 filing. Understanding them helps you anticipate who will read your notice and who may object.
The Judicial Council of California drafts and updates the form. The Superior Court of the county where the decedent resided is the venue under Probate Code § 7051. The personal representative — executor or administrator — is usually the petitioner. Heirs at law are determined by the intestate succession statutes, even if a will exists.
The California Attorney General’s Charitable Trusts Section must be served when a charity is a beneficiary. The probate examiner in the court’s probate division reviews your DE-122 against the petition and tentative ruling before the hearing. Each plays a distinct role, and skipping any of them creates a fatal gap in your notice.
For example, Hannah Goldberg filed a petition naming the American Red Cross as a 10% beneficiary but did not serve the Attorney General. The probate examiner’s notes flagged the defect, and Hannah had to continue the hearing 30 days to cure it.
Dos and Don’ts of DE-122
These quick rules apply in every California county, although you should still check your local probate policy manual.
Dos
- Do mail at least 20 days before the hearing to give yourself buffer beyond the 15-day minimum, because postal delays are real.
- Do use a neutral adult server who is not a party, because Code of Civil Procedure § 1013a requires non-party service.
- Do describe the relief sought specifically in Item 2, because vague notices invite due-process challenges that vacate orders.
- Do confirm every address against a recent communication, because outdated addresses produce returned mail that may not satisfy notice.
- Do keep the original wet-ink-signed proof in your file, because the court can request it under California Rules of Court 2.257.
Don’ts
- Don’t rely on text or email service, because Probate Code § 1215 does not authorize it absent a court order.
- Don’t sign the proof of service yourself, because that single act voids the entire notice.
- Don’t copy the hearing date from memory, because transposed numbers will continue the matter.
- Don’t assume a waiver eliminates the listing requirement, because the waived heir still appears on the proof of service.
- Don’t ignore the DE-154 list, because requesters are entitled to notice of every subsequent hearing.
Pros and Cons of Handling DE-122 Yourself
Filing DE-122 without an attorney is permitted in California, but it carries trade-offs that you should weigh before going pro per.
Pros
- Cost savings, because attorney statutory fees under Probate Code § 10810 can exceed $20,000 on a $500,000 estate.
- Direct control, because you decide who is served and when, without coordinating with a busy law office.
- Faster turnaround, because you do not wait for an attorney’s calendar before mailing notices.
- Learning opportunity, because you build literacy in California probate procedure that benefits future family matters.
- Self-help resources, because the California Courts Self-Help Center provides free guides and clinics.
Cons
- High error rate, because pro per filers continue hearings far more often than represented petitioners.
- No malpractice insurance, because if you serve the wrong list, beneficiaries’ recourse is against you personally.
- Time cost, because mastering Probate Code § 1220 and local rules consumes weekends.
- Emotional toll, because handling notices while grieving is harder than it sounds.
- Risk of vacated orders, because a defective notice can unwind distributions long after the case closes.
Local Court Nuances Across California
Although DE-122 is a statewide form, how you file and serve it varies by county. Always confirm with your court’s probate clerk before mailing.
The Los Angeles Superior Court requires probate filings at the Stanley Mosk Courthouse, and the probate examiner’s notes are posted online roughly five court days before the hearing. The San Diego Superior Court hears probate at the Madge Bradley Building, and many departments require courtesy copies. The Alameda Superior Court uses an eFiling mandate through Odyssey eFileCA, and rejects paper filings.
The consequence of missing a local rule is rejection or continuance, regardless of statewide compliance. For example, Priya Shah in Alameda County mailed her DE-122 perfectly but attempted to file the proof in paper form; the clerk rejected it and she had to refile through Odyssey, delaying the hearing.
Publication Requirements in Specific Counties
Publication under Probate Code § 8121 is separate from DE-122 but interacts with it. Approved newspapers vary by county; for instance, Los Angeles approves the Metropolitan News-Enterprise for downtown matters, while San Francisco often uses the San Francisco Daily Journal.
The consequence of choosing the wrong newspaper is invalid publication, which compounds with any DE-122 defect to derail the hearing. Always confirm your newspaper with the court’s list before ordering publication.
A common misconception is that any newspaper of general circulation works. It does not. Each county maintains an approved list, and only listed papers satisfy the statute.
Electronic Filing Considerations
Most large counties now mandate eFiling for probate, including Orange County, Sacramento, and San Bernardino. DE-122 must be uploaded as a separately bookmarked PDF, with the proof of service combined or attached per local rules.
The consequence of an improperly bookmarked filing is rejection by the eFiling vendor before the court ever sees it. For example, Marcus Lee uploaded DE-122 as part of a 200-page bundle without bookmarks in Sacramento, and the system rejected the entire batch.
A common misconception is that eFiling extends the 15-day window. It does not. The mailing date controls the deadline, not the eFiling date.
What Happens After You File DE-122
After filing the conformed notice and proof of service, the probate examiner reviews everything and posts notes — often called examiner’s notes or probate notes — to the court’s website. These notes flag any defect, including DE-122 issues, and tell you what to fix before the hearing.
The consequence of ignoring examiner’s notes is that the judge will adopt them as the tentative ruling, often continuing or denying the petition. The cure is usually a supplement filed at least a few days before the hearing.
For example, Elena Rivera received examiner’s notes flagging an out-of-state heir she had missed on DE-122. She mailed a supplemental notice 16 days before the new continued hearing date, and the examiner cleared the case.
Tentative Rulings and Appearing at the Hearing
Many California probate departments publish tentative rulings the day before the hearing. If the tentative is to grant your petition and no one contests, you often do not need to appear, depending on local rule.
The consequence of skipping a required appearance is that the court may drop the matter from calendar even if the tentative is favorable. Always read the department’s policy in the local rules.
A common misconception is that a favorable tentative is final. It is not — any interested party can appear and contest, and the judge can change the ruling on the record.
Cure Procedures for Defective DE-122
If you discover a DE-122 defect before the hearing, file a supplemental notice and re-mail to all entitled persons with a fresh 15-day window. If the defect is discovered at the hearing, ask the judge for a continuance rather than risk a denial.
The consequence of a denial without prejudice is that you can refile, but you lose the filing fee and weeks of progress. Wendy Carter in Contra Costa County asked for a continuance the moment her own attorney spotted a missing heir; the judge granted 30 days and the case resumed cleanly.
A common misconception is that you can “stipulate around” a missing notice. You cannot, because notice is jurisdictional and cannot be waived by stipulation of those who did receive it.
Relevant Court Rulings on Probate Notice
California courts have repeatedly emphasized that probate notice is jurisdictional. In Estate of Buckley (1982) 132 Cal.App.3d 434, the court held that an order entered without proper notice to an heir was void. In Estate of Lensch (2009) 177 Cal.App.4th 667, the court vacated a distribution order where notice failed to reach a contingent beneficiary.
The consequence of these rulings is that judges scrutinize DE-122 carefully, and savvy beneficiaries’ attorneys exploit any defect. The lesson for petitioners is to over-serve rather than under-serve, because the cost of an extra envelope is trivial compared to a vacated order.
A common misconception is that older cases no longer apply. Probate notice case law from the 1980s and 1990s remains binding, because the underlying statutes have not changed materially.
FAQs
Is California Form DE-122 required for every probate hearing?
Yes. Every hearing in a decedent’s estate or trust matter requires DE-122, except the initial petition, which uses DE-121, or where all interested persons sign written waivers.
Can I serve DE-122 by email instead of U.S. Mail?
No. Probate Code § 1215 requires mail or personal service unless the court issues a specific order allowing electronic service, which is rare in probate.
Does the 15-day notice period include weekends and holidays?
Yes. The 15 days are calendar days, counted from the mailing date, not court days, under Probate Code § 1220 and Code of Civil Procedure § 12.
Can the petitioner sign the Proof of Service on DE-122?
No. The server must be a non-party adult under Code of Civil Procedure § 1013a, so the petitioner, personal representative, and any beneficiary are disqualified from serving.
Do I need to serve the California Attorney General with DE-122?
Yes. Whenever a charity is named as a beneficiary, Probate Code § 8111 requires service on the Attorney General’s Charitable Trusts Section.
Can I use DE-122 for a conservatorship hearing?
No. Conservatorship matters use DE-120, because DE-122 is reserved for decedents’ estates and trusts under the Probate Code.
Is certified mail required for DE-122?
No. First-class mail with prepaid postage satisfies Probate Code § 1215, although attorneys sometimes use certified mail for high-stakes matters to bolster proof of delivery.
Can a beneficiary waive DE-122 notice in writing?
Yes. A written waiver on DE-142 satisfies notice for that person, but the waived beneficiary still appears on the proof of service list.
Does filing the DE-122 electronically satisfy the mailing requirement?
No. eFiling submits the document to the court; it does not serve interested persons, who must still receive a mailed paper copy under Probate Code § 1220.
Can I correct a DE-122 defect after the hearing has started?
Yes, but only by asking for a continuance, because the court cannot rule until proper notice is given, per Estate of Buckley and related case law.
Is DE-122 required for trust petitions, not just estates?
Yes. Probate Code § 17203 extends the 15-day mailing rule and DE-122 form to trust petitions filed under Probate Code Part 5.
Does an out-of-state beneficiary get extra time on DE-122?
No. The 15-day window is the same regardless of the recipient’s location, although prudent petitioners mail earlier to account for postal transit time.
Related reading
- How to Fill Out California Form DE-120 (w/Examples) + FAQs
- How to Fill Out California Form DE-121 (w/Examples) + FAQs
- How to Fill Out California Form DE-140 (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 GC-205 (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs