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Yes! You can use AI to fill out Form DE-122/GC-322, Citation—Probate

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Form DE-122/GC-322, Citation—Probate, page 1
Moderate · 50/100Form Complexity Index

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What this form asks for

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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.
Fillable fields105
Pages2
Form Complexity IndexModerate, 50/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

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.

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.

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.

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.

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.

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.

And 8 more checks
  • Validates Service Date is Before Hearing Date
  • Completeness of Personal Service Details
  • Conditional Requirement for Substituted Service Details
  • Conditional Requirement for Registered Process Server Information
  • Validates Process Server Registration is Not Expired
  • Validates Signature Date Logic
  • Enforces Mutually Exclusive Service Method Selection
  • Consistency of 'Notice to the Person Served' Information

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How to Fill Out DE-122/GC-322 Online for Free in 2026

What the AI walks you through.

  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.

Common Mistakes in Completing DE-122/GC-322

The ones the AI is built to catch.

Incorrectly Identifying the Server
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.
Improperly Documenting the Method 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.
Using the Wrong Form for a Conservatorship
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.
Incomplete Court or Case Information
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.
Failing to Serve the Verified Petition
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.
Prematurely Signing 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.
Failing to Complete the 'Notice to the Person Served' Section
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.
Omitting Professional Process Server Details
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.
Leaving Hearing Information Blank
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.

Frequently Asked Questions About DE-122/GC-322

 

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How does the AI fill out DE-122/GC-322?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of DE-122/GC-322, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is DE-122/GC-322 to fill out?
DE-122/GC-322 has a Form Complexity Index of 50 out of 100, in the moderate tier: 105 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the Citation—Probate (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.
Who needs to fill out this form?
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.
I received this form. Do I have to go to court?
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.
What is the 'verified petition' that is mentioned on the form?
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.
Who fills out the 'Proof of Service' section on page 2?
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.
What's the difference between this form and the Citation for Conservatorship (GC-320)?
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.
What information do I need to have ready to fill out this form?
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.
What should I do if I need an accommodation for my hearing, like an interpreter?
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.
Can I use AI to help fill out this form?
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.
How can I fill out the Citation—Probate form online?
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.
The PDF of this form I have is not fillable. What can I do?
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.
What does it mean to be served 'as the person cited under the fictitious name of'?
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.
What should I do after receiving this citation?
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.
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California state forms: Judicial Council of California Form DE-111, Petition for Probate (Probate—Decedents Estates), DS 1891, Applicant/Vendor Disclosure Statement (State of California Department of Developmental Services), Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, Murrieta Police Department Citizen Complaint Form (California Penal Code § 148.6 Advisory Statement), California Department of Social Services, Sworn Statement, State of California Department of Transportation California Civil Rights Laws Certification, State of California Department of Transportation Darfur Contracting Act Certification, Form DOT ADM-0077, State of California Department of Transportation, Contract Requirements, State of California Department of Transportation Subcontractor List, State of California Department of Transportation, Certified DVBE Summary, Bidder Declaration GSPD-05-105, State of California Level of Care Rate Determination Protocol Matrix, State of California Accessible Form, State of California Form SOC 321, Request for Order and Consent - Paramedical Services, State of California Darfur Contracting Act Certification, State of California Department of Veterans Affairs COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION FORM, Form ADR-100, Statement of Agreement or Nonagreement, Civil Appeal Case Information Statement, Form APP-014, Appellant's Proposed Statement on Appeal (Unlimited Civil Case)

California court forms: Judicial Council of California Form SC-105, Request for Court Order and Answer (Small Claims), Judicial Council of California Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims), Judicial Council of California Form SER-001, Request for Sheriff to Serve Court Papers, Judicial Council of California Form SER-001, Request for Sheriff to Serve Court Papers, Affidavit for Collection of Personal Property California Probate Code Section 13100, Form POS-040, Proof of Service—Civil, Declaration of Facts of Death (California Superior Court), declaration-of-marriage-for-court-proceeding-california-family-law, ADOPT-200, Adoption Request, ADOPT-200, Stepparent Adoption Request, ADOPT-210, Adoption Agreement, ADOPT-310, Contact After Adoption Agreement, Judicial Council of California Form ADOPT-200, Adoption Request, Form ADR-107, Mediation Attendance Sheet, Form ADR-110, Order Appointing Referee, Form ADR-109, Stipulation or Motion for Order Appointing Referee, Form ADR-102, Request for Trial De Novo After Judicial Arbitration, Form ADR-108, Referee's Report (Code Civ. Proc., §§ 638, 639), Form ADR-106, Petition to Confirm, Correct, or Vacate Contractual Arbitration Award, Form ADR-104, Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration

California probate forms: Judicial Council of California Form DE-111, Petition for Probate (Probate—Decedents Estates), Affidavit for Collection of Personal Property California Probate Code Section 13100, Form DE-142/DE-111(A-3e), Waiver of Bond by Heir or Beneficiary (Probate—Decedents Estates), Form DE-140, Order for Probate, Form DE-150, Letters (Probate), Form DE-154/GC-035, Request for Special Notice (Probate), Form DE-157, Notice of Administration to Creditors, Form DE-120(P), Proof of Personal Service of Notice of Hearing—Decedent's Estate or Trust, Form DE-131, Proof of Subscribing Witness (Probate), Form DE-172, Creditor's Claim (Probate), Form DE-174, Allowance or Rejection of Creditor's Claim, Form DE-221, Spousal or Domestic Partner Property Petition (Probate—Decedents Estates), Form DE-270 / GC-070, Ex Parte Petition for Authority to Sell Securities and Order, Form DE-315, Order Determining Succession to Primary Residence, Form DE-351/GC-101, Order Appointing Guardian Ad Litem—Probate, Form DE-115/GC-015, Notice of Hearing on Petition to Determine Claim to Property, Attachment to Notice of Hearing Proof of Service by Mail (Probate—Decedents' Estates and Guardianships and Conservatorships), Attachment to Notice of Hearing Proof of Personal Service (Probate—Decedents' Estates and Guardianships and Conservatorships), Form DE-125, Summons (Probate), Form DE-147, Duties and Liabilities of Personal Representative

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