Homepage / Fill in a Valid De 120 Template
Jump Links

The DE-120 form serves a vital role in the California probate process, particularly for matters involving decedents' estates or trusts. It is primarily used to issue a Notice of Hearing, which informs interested parties about upcoming hearings related to a decedent's estate. The form requires essential contact information for the petitioner, including their name, address, and the specific court where the case will be heard. It's important to include the name of the decedent and any relevant details about the estate or trust in question. By law, this notice must be provided so that affected parties have the opportunity to attend the hearing, respond, or object if they wish. However, attendance is not mandatory. Should a party choose not to respond or appear, the court may proceed without their input. Additionally, the form includes provisions for requesting accommodations for individuals with disabilities. The DE-120 also clarifies that it is not intended for other types of proceedings, such as guardianships or conservatorships, which require different forms. Understanding this form is crucial for anyone involved in California's probate system, ensuring everyone is informed and has the chance to participate in the judicial process.

De 120 Example

DE-120

ATTORNEY OR PARTY WITHOUT ATTORNEY

STATE BAR NUMBER:

FOR COURT USE ONLY

NAME:

 

 

 

FIRM NAME:

 

 

 

STREET ADDRESS:

 

 

 

CITY:

STATE:

ZIP CODE:

 

TELEPHONE NO.:

FAX NO.:

 

 

EMAIL ADDRESS:

 

 

 

ATTORNEY FOR (name):

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

 

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

 

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ESTATE OF (name):

 

 

IN THE MATTER OF (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEDENT

 

TRUST

 

 

OTHER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTICE OF HEARING—DECEDENT'S ESTATE OR TRUST

 

CASE NUMBER:

 

 

 

 

This notice is required by law. You are not required to appear in court, but you may attend the hearing and object or respond if you wish. If you do not respond or attend the hearing, the court may act on the filing without you.

1.NOTICE is given that (name):

(fiduciary or representative capacity, if any):

has filed a petition, application, report, or account (specify complete title and briefly describe):*

The filing is a report of the status of a decedent's estate administration made under Probate Code section 12200. See the NOTICE below.

Please refer to the filed documents for more information about the case. (Some documents filed with the court are confidential.)

2. A HEARING on the matter described in 1 will be held as follows:

Hearing Date:

Name and address of court, if different from above:

Time:

Date

Dept.:

Room:

 

 

 

 

NOTICE

If the filing described in 1 is a report of the status of a decedent's estate

administration made under Probate Code section 12200,

YOU HAVE THE RIGHT TO PETITION FOR AN ACCOUNTING

UNDER SECTION 10950 OF THE PROBATE CODE.

Requests for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk's office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response ( form MC-410). (Civ. Code, § 54.8.)

*Do not use this form to give notice of a petition to administer an estate (see Prob. Code, § 8100, and use form DE-121), notice of a hearing in a guardianship or conservatorship case (see Prob. Code, §§ 1511 and 1822, and use form GC-020), or notice of a hearing on a petition to determine a claim to property (see Prob. Code, § 851, and use form DE-115/GC-015).

Page 1 of 2

Form Adopted for Mandatory Use Judicial Council of California DE-120 [Rev. January 1, 2020]

NOTICE OF HEARINGDECEDENT'S ESTATE OR TRUST

Probate Code, §§ 1211, 1215, 1220, 1230, 12201, 17100, 17203

www.courts.ca.gov

DE-120

 

 

ESTATE OF (name):

 

IN THE MATTER OF (name):

CASE NUMBER:

DECEDENT TRUST OTHER

CLERK'S CERTIFICATE OF POSTING

1.I certify that I am not a party to this cause.

2.A copy of the foregoing Notice of Hearing—Decedent's Estate or Trust

a.was posted at (address):

b.was posted on (date):

Date:

Clerk, by

 

, Deputy

 

 

 

 

 

 

 

 

PROOF OF SERVICE BY MAIL*

1.I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.

2.My residence or business address is (specify):

3.I served the foregoing Notice of Hearing—Decedent's Estate or Trust on each person named below by enclosing a copy in an envelope addressed as shown below AND

a. depositing the sealed envelope on the date and at the place shown in item 4 with the U.S. Postal Service with the postage fully prepaid.

b. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service in a sealed envelope with postage fully prepaid.

4.a. Date mailed:

5.

b.Place mailed (city, state):

I served with the Notice of Hearing—Decedent's Estate or Trust a copy of the petition or other document referred to in item 1 of the Notice.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)

(SIGNATURE)

1.

2.

3.

4.

5.

 

NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

Name

 

 

Address (street & number, city, state, zip code)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Continued on an attachment. (You may use Attachment to Notice of Hearing Proof of Service by Mail, form DE-120(MA)/GC-020(MA), for this purpose.)

* Do not use this form for proof of personal service. You may use form DE-120(P) to prove personal service of this Notice.

DE-120 [Rev. January 1, 2020]

NOTICE OF HEARINGDECEDENT'S ESTATE OR TRUST

For your protection and privacy, please press the Clear

Print this form

Save this form

This Form button after you have printed the form.

Page 2 of 2

Clear this form

File Breakdown

Fact Name Details
Form Purpose The DE-120 form is a Notice of Hearing for a decedent's estate or trust.
Governing Laws This form is governed by the California Probate Code, particularly sections 1211, 1215, 1220, 1230, 12200, 17100, and 17203.
Filing Requirement It is required by law to file this notice to inform interested parties of the hearing.
Hearing Attendance While attendance is not mandatory, parties may attend the hearing to voice objections or responses.
Accounting Rights If the filing is a status report under Probate Code section 12200, you have the right to petition for an accounting under section 10950.
Accommodations Assistive services are available, such as sign language interpreters, if requested at least five days before the hearing.
Certification Process The clerk certifies the posting of the notice, confirming it was posted and the date it occurred.
Proof of Service Proof of service must be provided to show that all relevant parties received the notice by mail.
Not for Other Notices This form should not be used for notices related to guardianship or conservatorship cases.

Guide to Using De 120

To fill out the DE-120 form, follow these steps carefully. Make sure to provide accurate information as required. Once completed, the form will be used to notify interested parties regarding a hearing related to a decedent's estate or trust.

  1. Begin at the top of the form. Fill in your State Bar number if you are an attorney.
  2. Enter your name and, if applicable, your firm name.
  3. Fill in your street address, city, state, and ZIP code.
  4. Provide your telephone number, fax number, and email address.
  5. Indicate the name of the attorney you are representing (if any).
  6. List the court’s street address as well as the mailing address (if different).
  7. Complete the city and zip code for the court.
  8. Identify the branch name of the court.
  9. Fill out Estate of and In the Matter Of sections with the relevant names.
  10. Enter the case number.
  11. In the notice section, provide the name of the fiduciary or representative, their capacity, and details about the petition, application, report, or account.
  12. List the date, time, and department/room for the hearing.
  13. If needed, mention accommodations available for people with disabilities.
  14. Sign and date the form in the specified area.

After completing the form, make a copy for your records. Ensure that all parties involved receive notifications as indicated on the form to comply with legal requirements. This helps ensure that everyone is informed about the hearing and can respond if necessary.

Get Answers on De 120

  1. What is the purpose of the DE-120 form?

    The DE-120 form serves as a notice of hearing in matters related to a decedent's estate or trust. It informs interested parties about the filing of a petition, application, report, or accounting regarding the status of the estate administration. This ensures that all relevant parties are made aware of hearings and can participate if they choose.

  2. Who is required to file the DE-120 form?

    The executor, administrator, or any party responsible for managing the estate may be required to file the DE-120 form when they submit documents related to the decedent's estate. This is typically done to inform interested parties of hearings that may affect their rights or interests in the estate.

  3. What information is included in the DE-120 form?

    The DE-120 form includes several important details, such as:

    • The name and contact information of the attorney or party submitting the form.
    • The name of the decedent, along with information about the estate or trust.
    • The date, time, and location of the scheduled hearing.
    • A note on the rights of interested parties to petition for an accounting under specific sections of the Probate Code.
  4. Can I attend the hearing mentioned in the DE-120 form?

  5. What should I do if I need accommodations for the hearing?

    If you require accommodations, such as assistive listening devices or sign language interpretation, you should make a request at least five days prior to the hearing. This ensures that the necessary arrangements can be made to aid your participation. You can contact the clerk's office or visit the official court website for more information.

  6. What happens if the DE-120 form is not filed?

  7. Where can I find more information about the DE-120 form?

    Additional information about the DE-120 form can be found on the official California courts website. This resource includes details about filing procedures, instructions for completing the form, and related forms that may be necessary in conjunction with the DE-120.

  8. Are there any forms I should not use with the DE-120?

    Yes, certain forms are specifically not to be used with the DE-120. For instance, the DE-121 form is for giving notice of a petition to administer an estate, while forms GC-020 and DE-115/GC-015 are designated for guardianship or conservatorship cases and petitions regarding claims to property, respectively. Make sure to use the correct forms to avoid any complications.

Common mistakes

Filling out the DE-120 form can be a challenging task. It is crucial to approach it carefully. One common mistake individuals make is neglecting to include all required contact information. The form asks for specific details, including the state bar number, firm name, and an accurate mailing address. Omitting any of these can delay the process.

Another frequent error occurs when people fail to specify the full title of the document being filed in the description section. This oversight can lead to confusion or miscommunication regarding the nature of the filing. Describing the document clearly is essential for the court’s understanding and records.

In addition, many individuals overlook the section regarding the hearing date and time. If this information is incorrect or missing, it can result in missed opportunities to present one’s case or voice any concerns at the scheduled hearing. It is vital to double-check these details to ensure accuracy.

Moreover, there is a tendency to forget to sign and date the form. Without the appropriate signatures, the court may reject the filing. This simple yet critical step should not be overlooked.

People also often misunderstand the limitations of the DE-120 form. It is specifically designed for notices regarding the status of a decedent's estate administration. Using this form for other purposes can lead to complications. Understanding the specific use of the form prevents unnecessary errors.

Another common mistake involves the section for the clerk's certificate of posting. Some individuals assume that providing general information suffices, while it is essential to provide specific details about where and when the notice was posted. Accuracy in this area ensures compliance with legal requirements.

Furthermore, failing to use the correct mailing method is another frequent issue. Individuals must either deposit their notice through standard postal service methods or document their chosen process clearly. Clarity in this section avoids confusion and potential challenges later.

Many people also struggle with ensuring that the names and addresses of individuals receiving the notice are complete and accurate. An incomplete address can lead to undeliverable notice, which might affect the legal proceedings. Careful attention to detail in this section is crucial.

Lastly, individuals sometimes do not realize that the DE-120 form requires attachments or additional documentation, as mentioned in certain segments. This can lead to delays or complications in the processing of their case. It is important to read and follow all instructions closely, ensuring everything needed is included.

Documents used along the form

When dealing with the DE-120 form in a probate case in California, several other forms and documents can accompany it. Each plays a crucial role in ensuring that the probate process is handled correctly and transparently. Here’s a quick overview of some key documents you might encounter.

  • DE-121: Notice of Petition to Administer Estate - This form notifies interested parties that a petition has been filed to administer an estate. It's particularly important in informing heirs and beneficiaries about the proceedings.
  • GC-020: Notice of Hearing (Guardianship/Conservatorship) - Used when filing for guardianship or conservatorship matters, this notice informs concerned individuals about the hearing date and any important details related to the case.
  • DE-115: Notice of Hearing on Petition to Determine Property Claim - This document is essential when there’s a dispute regarding a claim to property. It communicates the specifics of the hearing set to resolve the issue.
  • MC-410: Request for Accommodations by Persons with Disabilities - If any participants in the hearing need assistance due to disabilities, this form must be filled out to request appropriate accommodations from the court.
  • DE-120(MA): Proof of Service by Mail - This form serves as evidence that the Notice of Hearing has been properly mailed to all required parties, ensuring compliance with legal notification requirements.
  • DE-120(P): Proof of Personal Service - When personal service is necessary, this form verifies that the Notice of Hearing was handed directly to the parties involved, providing an additional layer of compliance.
  • Clerk’s Certificate of Posting - This certifies that the notice was posted in a public place, which is often required to ensure that the community is aware of the proceedings.

Understanding these forms and their purpose is essential for anyone navigating the probate process. Each document ensures that all parties are informed and that procedures are followed according to the law. By familiarizing yourself with these necessary forms, you can better prepare for your case and contribute to a smoother probate experience.

Similar forms

  • Form DE-121: This form is used as a notice of the petition to administer an estate. Like DE-120, it informs interested parties about the proceedings and their rights. However, DE-121 specifically serves to announce the initiation of estate administration rather than updates on existing matters.
  • Form GC-020: This is the notice of hearing in guardianship or conservatorship cases. Similar to DE-120, it provides a notification of an upcoming hearing; however, GC-020 is specifically tailored for cases involving minors or adults who cannot care for themselves.
  • Form DE-115: The notice for claims to property, DE-115, is similar as it also serves to inform parties of their rights and upcoming hearings. However, it pertains strictly to petitions regarding disputed property claims rather than general estate administration.
  • Form MC-410: This form is for requesting accommodations by persons with disabilities. While DE-120 includes a brief mention of such requests, MC-410 is focused solely on ensuring accessibility and support for specific needs during court proceedings.
  • Form DE-120(P): This is used to prove personal service of the Notice of Hearing. DE-120(P) and DE-120 share a focus on adjudicating estate matters, but DE-120(P) specifically addresses the delivery of notice to individuals personally.
  • Form DE-130: The final distributions report in estate proceedings, DE-130 notifies interested parties about the proposed final accounting. Similar to DE-120, it communicates updates about estate administration; however, DE-130 focuses on the conclusion of the process rather than ongoing updates.

Dos and Don'ts

When filling out the DE-120 form, it is essential to approach the task with care and attention to detail. The following guidelines can help ensure a smooth process.

  • Do: Read the entire form carefully before beginning.
  • Don’t: Skip any required fields; incomplete forms may delay the process.
  • Do: Provide accurate and current contact information.
  • Don’t: Use abbreviations for names or addresses; clarity is crucial.
  • Do: Sign the form where indicated, confirming the information is correct.
  • Don’t: Forget to review the form for any typographical errors.
  • Do: Make copies of the completed form for your records.
  • Don’t: Submit the original form without confirming that it meets all necessary requirements.
  • Do: Seek assistance from legal professionals if uncertain about any part of the process.

Following these guidelines can help prevent complications and ensure that your filing is processed efficiently. Your diligence makes a difference in the administration of the estate or trust.

Misconceptions

  • Misconception 1: The DE-120 form is only for attorneys.
  • This is not true. While attorneys often use this form, any party involved in a decedent's estate or trust can file it. It's designed to provide necessary notifications during probate proceedings.

  • Misconception 2: Filing a DE-120 means you have to appear in court.
  • Many people believe that submitting this form requires a court appearance. However, attendance is not mandatory. You may choose to attend the hearing and express your objections or responses if you wish, but it's not a requirement.

  • Misconception 3: The DE-120 form is only necessary for complex cases.
  • Some assume that this form is needed only for complicated estate matters. In reality, it applies to all decedent's estates or trusts when a status report is filed, regardless of the case's complexity.

  • Misconception 4: Filling out the DE-120 guarantees a favorable outcome in probate.
  • Filing this notice does not guarantee that the court will rule in your favor. The DE-120 simply serves to notify interested parties of hearings and status updates but does not influence the court's decision.

  • Misconception 5: The information contained in the DE-120 is public and easily accessible.
  • While the DE-120 is part of public court records, some documents related to the case may be confidential. This can limit access to sensitive information to protect the privacy of involved parties.

  • Misconception 6: You can use the DE-120 for any type of court-related notice.
  • This form has a specific purpose. It's not a catch-all for all legal notices. Different forms are designed for various situations, such as guardianships or conservatorships, which require different filings.

Key takeaways

  • Eligibility: The DE-120 form is used when filing a Notice of Hearing for a decedent’s estate or trust in California.
  • Required Information: Make sure to fill in your name, address, contact information, and information about the decedent correctly.
  • Filing Purpose: The form serves to notify interested parties about a hearing regarding the status of the decedent’s estate.
  • Hearing Details: Clearly specify the date, time, and location of the hearing on the form.
  • Objections and Responses: Recipients have the right to attend the hearing and voice objections, even though attendance is not mandatory.
  • Confidential Documents: Some documents filed with the court may be confidential, so be aware of which documents are accessible.
  • Request for Accommodations: Services such as assistive listening systems are available. Request these at least five days before the hearing.
  • Proof of Service: This form includes sections to record how you served the Notice by mail to interested parties.
  • Do Not Confuse Forms: Avoid using the DE-120 for matters like guardianships or petitions to determine claims to property; use the appropriate forms instead.