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Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, page 1
Moderate · 51/100Form Complexity Index

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What this form asks for

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DE-120 (Notice of Hearing—Decedent's Estate or Trust) is a mandatory California Judicial Council probate form used to give legally required notice that a petition, application, report, or account has been filed and that a hearing has been set. It identifies the case, the type of matter (decedent’s estate, trust, or other), the hearing date/time/location, and includes sections for a clerk’s certificate of posting and proof of service by mail to show notice was properly provided. Proper completion and service are important because the court may proceed on the filing even if recipients do not appear, and defective notice can delay or jeopardize the hearing. 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 fields67
Pages2
Sections21
Form Complexity IndexModerate, 51/100

The AI checks your answers before you download

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

Requires Case Number and enforces California probate case-number format

Validates that the Case Number field is present and matches the court’s expected case-number pattern (e.g., alphanumeric with optional dashes/spaces) and is not placeholder text. This is critical for docketing, routing, and ensuring the notice is associated with the correct proceeding. If validation fails, the submission should be rejected or flagged for manual review because the notice cannot be reliably linked to a court file.

Ensures exactly one primary case type is selected (Decedent / Trust / Other)

Checks that one—and only one—of Case Type Decedent, Case Type Trust, or Case Type Other is selected for the notice. This prevents ambiguous classification and ensures the correct statutory notice rules and workflows apply. If multiple or none are selected, the system should block submission and prompt the filer to correct the case type selection.

Validates matter/estate naming consistency across 'IN THE MATTER OF' and 'ESTATE OF'

Ensures the Case Name / IN THE MATTER OF (name) and ESTATE OF (name) fields are completed as applicable and do not conflict (e.g., different estate names for the same case). Consistent naming is important for matching the notice to the petition and for accurate service lists. If inconsistent, the submission should be flagged and require correction to avoid misidentification of the estate or trust.

Requires petition/application/report/account title and brief description (Item 1) and disallows prohibited use cases

Validates that the 'Petition, Application, Report, or Account Description' includes a complete title and a brief description, not just a generic phrase (e.g., 'see filed documents'). It should also detect prohibited uses noted on the form (e.g., petition to administer an estate requiring DE-121, guardianship/conservatorship requiring GC-020, or property claim under Prob. Code § 851 requiring DE-115/GC-015). If missing or prohibited, the system should prevent filing or route to the correct form selection workflow.

Hearing date is present, valid, and not in the past

Checks that Hearing Date is provided, is a real calendar date, and is not earlier than the submission date (unless the system explicitly supports historical notices). This prevents issuing notices for invalid or already-occurred hearings. If validation fails, the submission should be blocked and the filer prompted to enter a correct hearing date.

Hearing time format validation and business-hours reasonableness check

Validates Hearing Time is in an acceptable format (e.g., HH:MM with AM/PM) and represents a valid time. Optionally checks reasonableness (e.g., typical court hours) to catch data-entry errors like 00:00 or 25:61. If invalid, the system should require correction to avoid misinforming recipients and causing due process issues.

And 10 more checks
  • Requires at least one hearing location identifier (Room or Department) and validates numeric formatting
  • Court information completeness and internal consistency (County, addresses, city/ZIP)
  • Attorney/party identity completeness based on whether a State Bar Number is provided
  • Contact information format validation (phone, fax, email) with conditional requirements
  • Mailing method selection must be exclusive and required for Proof of Service by Mail
  • Proof of service mailing date/place required and logically consistent with hearing date
  • Server eligibility and declarant fields completeness (over 18, not a party, signature/printed name/date)
  • Recipient list completeness and attachment logic for continued recipients
  • Clerk’s Certificate of Posting fields required only when certificate section is used
  • Status report checkbox consistency with petition description (Prob. Code § 12200)

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How to Fill Out DE-120 Online for Free in 2026

What the AI walks you through.

  1. Go to Instafill.ai and upload the DE-120 PDF (or select DE-120 from the form library).
  2. Enter the attorney/party information (name, State Bar number if applicable, firm, address, phone, email) and specify who the attorney represents.
  3. Fill in the court and case details (county, branch, court addresses, and the probate case number) and identify the estate/matter name.
  4. Complete the notice section by selecting the case type (decedent’s estate, trust, or other), listing the filing party/capacity, and describing the petition/application/report/account being noticed (including whether it is a Probate Code § 12200 status report, if applicable).
  5. Enter the hearing information (date, time, department, room, and any different court name/address for the hearing).
  6. Complete service sections as needed: clerk’s certificate of posting (if applicable) and proof of service by mail (server address, mailing method, mailing date/place, recipients’ names/addresses, and whether additional documents were served).
  7. Use Instafill.ai to validate required fields, generate a clean final PDF, then download/print for filing and signature where required and for serving copies to all listed recipients.

Common Mistakes in Completing DE-120

The ones the AI is built to catch.

Using DE-120 for the wrong type of notice
People often use DE-120 as a “generic probate notice” even when the law requires a different form (e.g., DE-121 for a petition to administer an estate, GC-020 for guardianship/conservatorship hearings, or DE-115/GC-015 for a Probate Code § 851 property claim). This can lead to rejected filings, continuances, or defective notice that forces you to re-serve and re-calendar the hearing. Avoid this by confirming the exact petition type and the statute referenced in your filing before selecting the notice form; AI-powered tools like Instafill.ai can flag mismatches between the filing type and the correct Judicial Council form.
Leaving the “petition/application/report/account” title too vague or incomplete
A very common error is writing a generic description like “petition” or “report” instead of the complete title and a brief, specific description required in item 1. Vague descriptions confuse recipients and can trigger objections or court questions because parties cannot tell what relief is being requested. Copy the exact caption/title from the filed document (including any “First/Second Amended,” “Account and Report,” etc.) and add a one-sentence summary; Instafill.ai can pull the title from your source document and format it consistently.
Not selecting the correct case type (Decedent / Trust / Other) or selecting multiple
Filers frequently check the wrong box (or more than one) for whether the matter is a decedent’s estate, trust, or other proceeding. This creates confusion about the governing code sections and can cause clerks or parties to treat the notice as defective or misrouted. Avoid this by matching the box to the underlying petition and case caption exactly; Instafill.ai can validate that the selected case type aligns with the case name and filing description.
Case number and caption inconsistencies across sections
People often enter the case number or estate/matter name differently in different places (e.g., missing middle initials, using a nickname for the decedent, or transposing digits in the case number). Inconsistencies can cause the clerk to reject the form, delay processing, or lead to service disputes because recipients cannot reliably match the notice to the correct case. Always copy the case number and caption directly from the court’s filed documents and paste consistently; Instafill.ai can auto-fill and cross-check these fields to prevent mismatches.
Missing fiduciary/representative capacity for the filing party
Item 1 asks for the fiduciary or representative capacity (e.g., “personal representative,” “trustee,” “conservator,” “guardian,” “beneficiary objector”), but many filers leave it blank or put a role that doesn’t match the petition. This can create standing/authority questions and may prompt objections or court requests for clarification. Avoid this by using the exact capacity stated in the petition and letters/orders, and have Instafill.ai validate role language and placement.
Hearing date/time/department/room entered incorrectly or left blank
A frequent mistake is using the date from a prior hearing, leaving the time blank, or mixing up “Dept.” and “Room,” especially when the court uses one but not the other. Incorrect hearing details can result in parties missing the hearing, defective notice, and continuances that require re-service. Confirm the hearing information from the court’s notice/order or online calendar and enter it exactly; Instafill.ai can format dates/times correctly and reduce transposition errors.
Not completing the “Court name and address if different” field when required
Some counties have multiple probate locations, and filers forget to list the specific hearing location when it differs from the main court address. This can misdirect attendees and undermine the practical effectiveness of notice, leading to complaints and requests to continue. Avoid this by checking the hearing assignment for the correct branch/location and listing it when different; Instafill.ai can prompt for this when branch information suggests multiple venues.
Attorney/party contact block errors (missing State Bar number, email, or incomplete address)
Common issues include leaving the State Bar number blank, using an outdated firm address, omitting ZIP+4/ZIP, or entering an email/phone number in the wrong format. These errors can prevent parties from contacting counsel, cause returned mail, and may trigger clerk rejection in some courts that require complete attorney identification. Double-check the attorney block against current State Bar records and firm letterhead; Instafill.ai can automatically format phone numbers, validate emails, and ensure required fields are not skipped.
Proof of Service by Mail completed by an ineligible server or missing server address
People sometimes sign the proof of service even though they are a party to the case, are under 18, or fail to provide the server’s residence/business address. An invalid proof of service can make notice legally ineffective, forcing re-service and potentially delaying the hearing. Use a qualified non-party adult to mail and sign, and ensure the server’s full address is listed; Instafill.ai can include eligibility reminders and require completion of the server address field.
Mailing method box not checked or inconsistent with how service actually occurred
Filers often forget to check either “depositing with U.S. Postal Service” or “placing for collection and mailing,” or they check the wrong one for their situation. This creates ambiguity and can be used to challenge service, especially if timing is disputed. Avoid this by selecting the method that matches the actual mailing process and keeping internal mailing logs; Instafill.ai can guide selection based on whether the server is an individual or a business mailroom process.
Incomplete recipient list or poorly formatted addresses (missing city/state/ZIP)
A very common mistake is listing names without full mailing addresses, using old addresses, or omitting apartment/unit numbers and ZIP codes. Returned mail or incomplete addressing can lead to claims of defective notice and may require re-mailing and updated proofs. Verify addresses against recent correspondence, court filings, or skip-trace results when appropriate, and use the attachment form when more space is needed; Instafill.ai can standardize address formatting and help catch missing components.
Forgetting to include the referenced petition/report with the notice when required
Item 5 indicates whether a copy of the petition or other document referenced in item 1 was served along with the notice, but filers often forget to include it or forget to check the box accurately. If recipients do not receive the underlying filing, they may object, request continuance, or argue they were deprived of meaningful notice. Always include the referenced document unless rules/orders say otherwise and ensure the checkbox reflects what was actually mailed; Instafill.ai can generate a service packet checklist to reduce omissions.

Frequently Asked Questions About DE-120

 

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How does the AI fill out DE-120?
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-120, 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-120 to fill out?
DE-120 has a Form Complexity Index of 51 out of 100, in the moderate tier: 67 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 California form DE-120 (Notice of Hearing—Decedent's Estate or Trust) used for?
DE-120 is used to give legally required notice that a petition, application, report, or account has been filed in a probate estate or trust matter and that a hearing has been scheduled. It tells interested persons when and where the court will hear the matter and how they can respond.
Who needs to fill out and serve form DE-120?
The person or attorney who is requesting the court hearing (the filing party) typically completes DE-120 and ensures it is served on the required people. The server (someone over 18 who is not a party) completes the Proof of Service by Mail section if service is done by mail.
Do I have to go to the hearing if I receive a DE-120 notice?
No—this notice states you are not required to appear. However, you may attend the hearing and object or respond if you wish; if you do nothing, the court may act on the filing without you.
What information is required to complete DE-120?
You’ll need the case number, the court’s county/branch and address, the estate or trust name, the type of matter (decedent’s estate, trust, or other), and the hearing date/time/department/room. You must also describe the exact title of the petition/application/report/account being heard.
How do I fill out item 1 (“has filed a petition, application, report, or account”)?
Enter the complete title of the document filed (as it appears on the filing) and add a brief description of what it requests. This helps recipients understand what the hearing is about.
Which box should I check: Decedent, Trust, or Other?
Check “Decedent” for probate estate matters, “Trust” for trust proceedings, and “Other” only if the case type doesn’t fit those categories. Use the “IN THE MATTER OF/ESTATE OF” fields to match the case caption used by the court.
When should I use a different form instead of DE-120?
Do not use DE-120 to give notice of a petition to administer an estate (use DE-121), for guardianship or conservatorship hearings (use GC-020), or for a petition to determine a claim to property under Probate Code § 851 (use DE-115/GC-015). The form itself lists these exclusions.
What is the “report of status of a decedent’s estate administration” checkbox (Probate Code § 12200)?
Check this only if the filing is specifically a status report under Probate Code section 12200. If it is, the notice explains recipients may have the right to petition for an accounting under Probate Code section 10950.
What documents do I need to mail with the DE-120 notice?
Often you must include a copy of the petition or other document referenced in item 1—there is a checkbox in the Proof of Service section confirming you served it. Check local court rules or your attorney to confirm what must be included for your specific filing.
How do I complete the Proof of Service by Mail section on page 2?
A non-party adult server fills it out, listing their address, the mailing date and city/state, the mailing method used, and the names/addresses of everyone served. The server must sign under penalty of perjury and date the declaration.
What if I have more than five people to serve?
Check “Continued on an attachment” and attach additional pages listing names and addresses. The form suggests using DE-120(MA)/GC-020(MA) as the attachment for additional recipients.
What is the Clerk’s Certificate of Posting section—do I fill that out?
No, that section is for the clerk/deputy clerk to complete when the court posts the notice. Leave it blank unless the court specifically instructs you otherwise.
How far in advance should I request disability accommodations for the hearing?
The form states you should request accommodations at least five days before the hearing. You can contact the clerk’s office or use the Judicial Council accommodations form referenced on DE-120.
Can AI tools help me fill out DE-120 accurately?
Yes—AI form-filling tools can help you map your case details (court, case number, hearing info, parties, and service list) into the correct fields and reduce errors. Services like Instafill.ai use AI to auto-fill form fields accurately and save time.
How do I fill out DE-120 online using Instafill.ai, and what if my PDF isn’t fillable?
Upload the DE-120 PDF to Instafill.ai, provide or import your case details (caption, hearing date/time/department, and service recipients), and let the AI populate the fields for review before downloading. If your PDF is flat/non-fillable, Instafill.ai can convert it into an interactive fillable form so you can complete and sign it more easily.
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Other forms like this one

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, 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), form-app-015-respondents-proposed-corrections-toadditions-to-appellants-proposed-settled-statement-unlimited-civil-case

Judicial Council forms: Judicial Council of California Form FL-300, Request for Order, Judicial Council of California Form FL-150, Income and Expense Declaration, Judicial Council of California Form SC-104, Proof of Service (Small Claims), Judicial Council of California Form SC-105, Request for Court Order and Answer (Small Claims), Judicial Council of California Form DE-111, Petition for Probate (Probate—Decedents Estates), Judicial Council of California Form SC-104, Proof of Service (Small Claims), Judicial Council of California Form SC-108, Request to Correct or Cancel Judgment and Answer (Small Claims), Judicial Council of California Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims), Civil Case Cover Sheet (Judicial Council of California Form CM-010), Civil Case Cover Sheet (Judicial Council of California Form CM-010), Judicial Council of California Form TR-205, Request for Trial by Written Declaration (Trial by Written Declaration—Traffic), Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, Inventory and Appraisal Attachment (Judicial Council of California Form DE-161, GC-041), CLETS-001, Confidential Information for Law Enforcement (Judicial Council of California), Judicial Council of California Form SER-001, Request for Sheriff to Serve Court Papers, Judicial Council of California Form UD-105, Answer—Unlawful Detainer, CLETS-001, Confidential Information for Law Enforcement (Judicial Council of California), Judicial Council of California Form ADOPT-210, Adoption Agreement, Inventory and Appraisal (Judicial Council of California) (Form DE-160/GC-040), Judicial Council of California Form JUD-100, Judgment

estate forms: Form 593, Real Estate Withholding, Form 1099-S, Proceeds From Real Estate Transactions, Inland Residential Real Estate Services LLC Application for Lease (Form 4301, Rev. 11/14), New licence application – Form 1–1 (IND), Application for an individual’s licence (Real estate agent, property auctioneer, resident letting agent, motor dealer, chattel auctioneer, field agent), Judicial Council of California Form DE-111, Petition for Probate (Probate—Decedents Estates), Texas Real Estate Commission (TREC) One to Four Family Residential Contract (Resale) (TREC No. 20-18), City of Harvey Real Estate Transfer Declaration & Application (with Certificate for Exemption), Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, Form DE-160/GC-040, Inventory and Appraisal (Declaration of Representative/Guardian/Conservator or Small Estate Claimant and Declaration of Probate Referee), Fidelity Change of Account Ownership — Mutual Fund Only Accounts (Changing to a Trust, Estate, Guardian, or Conservator Account), Fidelity Change of Account Registration — Changing to a Trust, Estate, Guardian, or Conservator Brokerage Account, Valuing Your Estate Worksheet (from Vanguard's 'Understanding the basics of estate planning' guide), Alaska Residential Real Estate Purchase Agreement, Merrill Edge Self-Directed Trust and Estate Cash Management Account (CMA Account) Account Application Booklet and Agreements, Affidavit for Collection of Personal Property California Probate Code Section 13100, Oklahoma Real Estate Commission Tenancy Guidelines (01-01-2026), Oklahoma Real Estate Commission Residential Property Condition Disclosure Exemption Form (RPCD EXEMPTION FORM), Oklahoma Real Estate Commission Residential Lease, Oklahoma Real Estate Commission Tenant Flood Notice (01-01-2026), Oklahoma Real Estate Commission Property Data Form (Residential)

California judicial forms: Judicial Council of California Form FL-300, Request for Order, Judicial Council of California Form FL-150, Income and Expense Declaration, Judicial Council of California Form SC-104, Proof of Service (Small Claims), Judicial Council of California Form SC-105, Request for Court Order and Answer (Small Claims), Judicial Council of California Form DE-111, Petition for Probate (Probate—Decedents Estates), Judicial Council of California Form SC-104, Proof of Service (Small Claims), Judicial Council of California Form SC-108, Request to Correct or Cancel Judgment and Answer (Small Claims), Judicial Council of California Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims), Civil Case Cover Sheet (Judicial Council of California Form CM-010), Civil Case Cover Sheet (Judicial Council of California Form CM-010), Judicial Council of California Form TR-205, Request for Trial by Written Declaration (Trial by Written Declaration—Traffic), Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, Inventory and Appraisal Attachment (Judicial Council of California Form DE-161, GC-041), CLETS-001, Confidential Information for Law Enforcement (Judicial Council of California), Judicial Council of California Form SER-001, Request for Sheriff to Serve Court Papers, Judicial Council of California Form UD-105, Answer—Unlawful Detainer, CLETS-001, Confidential Information for Law Enforcement (Judicial Council of California), Judicial Council of California Form ADOPT-210, Adoption Agreement, Inventory and Appraisal (Judicial Council of California) (Form DE-160/GC-040), Judicial Council of California Form JUD-100, Judgment

trust forms: Form 8855, Election To Treat a Qualified Revocable Trust, Private Trust (Mod(PT).2005), Form 3520 (Rev. December 2023), Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, Fidelity Change of Account Ownership — Mutual Fund Only Accounts (Changing to a Trust, Estate, Guardian, or Conservator Account), Fidelity Ownership Change to Trust, Fidelity Change of Account Registration — Changing to a Trust, Estate, Guardian, or Conservator Brokerage Account, Trusted Contact Authorization Form, I.B.E.W. & Electrical Industry Local 697 Money Purchase Plan and Trust Direct Rollover Request Form Due to Qualified Domestic Relations Order, Bechtel Trust & Thrift Plan Rollover Process, General Purpose Loan Application Packet, IW DC of SOV Annuity Trust, NYPD Superior Officers Council Annuity Trust Fund Plan Rollover Form, Trust Certification and Trustee Powers, Housing Agency Retirement Trust Form #190, Request to Withdraw a Rollover Account, The Housing Agency Retirement Trust 457(b) Deferred Compensation Plan Request For Distribution Form, Housing Agency Retirement Trust Transfer/Rollover Form, Qualified Retirement Plan and Trust Summary Plan Description, The Housing Agency Retirement Trust 457b Deferred Compensation Plan Change of Beneficiary Designation Form, TIAA Trust, N.A. Private Asset Management, Request for a Direct Transfer From IRA Contracts, TIAA Trust Rollover From Your Retirement Plan (ERISA)

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