Yes! You can use AI to fill out Form DE-122/GC-322, Citation—Probate
Form DE-122/GC-322, Citation—Probate, is a mandatory California Judicial Council form used to formally summon an individual to a court hearing in a probate case, such as for a decedent's estate or a guardianship. It serves as an official legal notice, informing the recipient of the hearing details and requiring them to appear and state any legal reason why the court should not grant the relief requested in the accompanying petition. Today this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
DE-122/GC-322 is part of the
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Form specifications
| Form name: | Form DE-122/GC-322, Citation—Probate |
| Number of fields: | 105 |
| Number of pages: | 1 |
| Language: | English |
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How to Fill Out DE-122/GC-322 Online for Free in 2026
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Follow these steps to fill out your DE-122/GC-322 form online using Instafill.ai:
- 1 Go to Instafill.ai and upload the Citation—Probate form (DE-122/GC-322) or select it from the template library.
- 2 Provide your information as the attorney or party without an attorney, along with the Superior Court details and case number.
- 3 Enter the name of the estate, trust, or individual the case pertains to, such as the decedent or minor.
- 4 Input the full name of the person being cited and the specific date, time, and location of the required court hearing.
- 5 Carefully review all the information entered by you and the AI for complete accuracy against court records.
- 6 Download the completed form, which must be dated, signed, and sealed by the court clerk to become an official citation.
- 7 After the citation is served, ensure the 'Proof of Service' on page 2 is filled out and signed by the person who performed the service.
Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.
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Frequently Asked Questions About Form DE-122/GC-322
This form is an official court order, or citation, commanding you to appear at a court hearing for a probate case. Its purpose is to give you an opportunity to provide legal reasons why the court should not grant the requests made in the petition attached to this citation.
The attorney or party in a probate case who is petitioning the court and needs to legally notify another person to appear at a hearing fills out the initial information. The Court Clerk then signs and issues the citation.
Yes, this is a legal citation requiring your appearance at the court hearing detailed in item 2 of the form. Failure to appear could result in the court making orders without your input, which may be unfavorable to you.
The verified petition is the legal document that should have been served to you along with the citation. It explains the background of the case and details the specific actions the petitioner is asking the court to take.
The Proof of Service is filled out by the person who delivered the citation to you, not by the person who receives it. This person must be over 18 and not a party to the legal action.
This form, DE-122/GC-322, is used for all probate proceedings like decedents' estates and guardianships, EXCEPT for starting a conservatorship. For initiating a conservatorship, the specific Citation for Conservatorship (GC-320) must be used.
To prepare this form for the court to issue, you will need the court's name and address, the case number, the name of the estate or person the case is about, and the name of the person being cited. The court clerk will provide the hearing date, time, and department.
The form advises you to contact the clerk's office to request accommodations, such as an interpreter or assistive listening system. You must provide at least 5 days' notice before your hearing date.
Yes, if you are the one preparing the citation, services like Instafill.ai use AI to accurately auto-fill form fields from your case information, which saves time and helps prevent errors.
You can use a service like Instafill.ai to complete this form online. Simply upload the form to the platform, and it will become an interactive document that you can type into, save, and download.
If you have a non-fillable or 'flat' PDF, you can upload it to a service like Instafill.ai. Their technology can convert the static document into a fully interactive and fillable form for you to complete on your computer.
This means you were initially named in the lawsuit under a placeholder name (like 'John Doe') because your identity was unknown at the time. You are now being served under your real name as the person intended in the original filing.
After receiving a citation, you should carefully read it and the attached petition to understand what is being asked of you. It is strongly recommended that you consult with an attorney to discuss your legal options and prepare for the hearing.
Compliance DE-122/GC-322
Validation Checks by Instafill.ai
1
Validates Case Number Presence
Ensures the 'CASE NUMBER' field is not empty. The case number is the primary identifier for the legal proceeding in the court's system. Without a valid case number, the document cannot be correctly filed or associated with the existing case, leading to processing delays or rejection by the court clerk.
2
Ensures Hearing Date is in the Future
This check validates that the 'Date' specified for the court hearing is a valid date that occurs after the date of form submission. The purpose of a citation is to provide notice for a future event. A past or current date would render the citation invalid and fail to provide legally sufficient notice to the cited party.
3
Validates Hearing Time Format
Verifies that the 'Time' field for the hearing is entered in a recognized time format (e.g., HH:MM AM/PM). This is crucial for ensuring the cited person knows the exact time they are required to appear in court. An ambiguous or incorrectly formatted time could lead to the person missing the hearing, which has significant legal consequences.
4
Conditional Requirement for Attorney State Bar Number
If the form is being filed by an attorney, this check ensures the 'State Bar number' field is populated. The State Bar number is a unique identifier that verifies the attorney is licensed and in good standing to practice law. Failure to provide it can lead to the rejection of the filing and questions about the filer's authority.
5
Logical Consistency of Court Hearing Address
Validates that if the 'same as noted above' checkbox for the court address is not checked, the subsequent address fields ('other (specify)') are filled out completely. This prevents ambiguity about the hearing location. If this check fails, the cited party may not know where to appear, making the citation defective.
6
Completeness of Case Type and Subject Name
Ensures that at least one case type checkbox ('ESTATE OR TRUST', 'CONSERVATORSHIP', 'GUARDIANSHIP', or 'OTHER') is selected and that the corresponding 'OF (Name)' field is populated. This information is fundamental to defining the legal context and subject of the probate matter. An incomplete section would make the document's purpose unclear.
7
Validates Service Date is Before Hearing Date
This check confirms that the date of service, as entered in the 'PROOF OF SERVICE' section, occurs before the scheduled hearing date. Legal rules require a minimum notice period to ensure due process. Service performed after or too close to the hearing date would invalidate the service and require the hearing to be rescheduled.
8
Completeness of Personal Service Details
If the service method 'by personally delivering the copies' (item 3a) is selected in the Proof of Service, this validation ensures that both the 'date' and 'time' of delivery are provided. These details are essential elements for a valid proof of personal service. Missing this information would make the proof of service incomplete and subject to legal challenge.
9
Conditional Requirement for Substituted Service Details
When service method 'by leaving the copies with...' (item 3b) is selected, this check requires that the name and relationship of the person who received the papers are specified. Substituted service has strict requirements, and identifying the recipient is necessary to prove the service was likely to provide actual notice. Failure to provide this detail invalidates the substituted service attempt.
10
Conditional Requirement for Registered Process Server Information
If the 'Registered California process server' checkbox (item 5d) is checked, this validation ensures the 'Registration no.', 'County', and 'Expiration (date)' fields are all filled. This information is required to verify the server's legal status and authority to serve process. Incomplete credentials could lead a court to reject the proof of service.
11
Validates Process Server Registration is Not Expired
Checks that the 'Expiration (date)' provided for a registered process server (item 5d) is a future date. Service performed by a server with an expired registration is not valid. This check prevents the submission of a legally deficient proof of service that would be rejected by the court.
12
Validates Signature Date Logic
Ensures the 'Date' on the signature line of the Proof of Service (item 6) is on or after the date of service (item 3) and not a future date. The person serving must declare under penalty of perjury that the service was completed, so they cannot sign the declaration before performing the act. An illogical date sequence undermines the credibility and validity of the declaration.
13
Enforces Mutually Exclusive Service Method Selection
This validation ensures that only one primary method of service (e.g., 3a, 3b, 3c) is selected in the Proof of Service section. Selecting multiple conflicting methods would create ambiguity and make it unclear how service was actually performed. Enforcing a single choice ensures the proof of service is clear and unequivocal.
14
Consistency of 'Notice to the Person Served' Information
Verifies that the capacity in which the person was served, as indicated on page 1 ('NOTICE TO THE PERSON SERVED'), matches the information declared in the Proof of Service on page 2 (item 4). For example, if 'as an individual' is checked on page 1, 'as an individual defendant' should be checked on page 2. Inconsistencies can create legal arguments about the validity and intent of the service.
Common Mistakes in Completing DE-122/GC-322
A common critical error is having a party to the case (like the petitioner) also act as the server and sign the Proof of Service. California law requires the server to be a non-party who is at least 18 years old. This mistake results in invalid service, forcing the entire process to be repeated, causing significant delays. To avoid this, always use a person not involved in the case, a professional process server, or the sheriff's department to serve the documents and sign the proof of service.
Filers often check the wrong box for the method of service on page 2 or fail to provide required details, such as the date and time of personal service. For 'substituted service,' people frequently forget to attach the mandatory 'declaration of diligence' proving prior attempts at personal service. These omissions lead courts to deem service improper, invalidating the notice and delaying the case. Carefully read and complete all parts of section 3 on the Proof of Service corresponding to the exact method used.
This form, DE-122/GC-322, looks similar to other probate forms, and people mistakenly use it to initiate a conservatorship. The form explicitly states in a footnote on page 1 that it should not be used for this purpose and that form GC-320 is required instead. Using the wrong form will lead to immediate rejection by the court clerk, wasting time and filing fees. Always double-check the form's title and any footnotes to ensure it's appropriate for your specific legal action.
People frequently enter an incorrect case number, misspell the decedent's name, or list the wrong court branch address in the header section. These data entry errors can cause the document to be misfiled or rejected, as the information must match the court's records exactly. To prevent this, meticulously copy the case number and names from the initial petition. AI-powered tools like Instafill.ai can help by saving and accurately populating recurring case information across multiple documents, reducing the risk of manual typos.
The server delivers the Citation but forgets to include a copy of the verified petition it refers to. The purpose of the Citation is to compel a response to the legal requests made in the petition, so serving it alone provides incomplete notice and violates due process. This renders the service defective and subject to a legal challenge. Always ensure a copy of the filed petition is physically attached to the Citation when serving, and list it under the 'documents served' on the Proof of Service.
The person serving the documents signs and dates the Proof of Service before they have actually completed the act of service. The signature on this form is made 'under penalty of perjury,' affirming that the service has already been completed as described. Signing beforehand is legally false and can be grounds to invalidate the service if discovered. The server must only sign and date the form after the papers have been successfully delivered.
On the Proof of Service (page 2, item 5), the server must indicate the capacity in which the party was served (e.g., as an individual, on behalf of a corporation). This section is often overlooked and left blank. An incomplete Proof of Service creates ambiguity and can be challenged, potentially requiring the party to be served again. The server must complete this section to create a clear record of who was served and in what legal capacity.
When a registered California process server is used, they sometimes forget to fill in their registration number, county of registration, and its expiration date in section 6 of the Proof of Service. While seemingly minor, this is a technical requirement for professional servers. Its omission can lead to judicial scrutiny and questions about the service's validity. Ensure any professional server you hire fully completes this section to comply with statutory requirements.
Self-represented parties may not realize that the hearing date, time, and department information is typically assigned by the court clerk upon filing and issuing the Citation. They may either leave it blank on the copies they serve or incorrectly guess the information. A Citation served without a valid hearing date is defective as it fails to notify the person of when and where to appear. Filers should submit the form to the clerk for issuance first, and then serve the conformed copy that includes the court-assigned hearing details.
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