Form DE-120 is a general probate Notice of Hearing, so who must receive it and how early it must be served depend on the petition or report being heard. Many estate proceedings use a 15-day notice period under Probate Code section 1220, while some trust proceedings require 30 days or another period. The statute governing the underlying request controls.
Do not use DE-120 for the original petition to administer an estate; that proceeding uses DE-121 and its separate mailing and publication rules. The complete DE-120 Guide explains the form, service, and proof fields.
Start with the underlying proceeding
DE-120 tells recipients when and where the court will hear a probate matter, but it does not itself identify every person entitled to notice. Read the code section for the petition, account, report, application, or objection on calendar. That law determines the recipient class, minimum notice period, and sometimes the permitted service method.
Examples can include petitions for final distribution, accountings, petitions for instructions, fiduciary compensation requests, and trust petitions. They do not all share one recipient list.
When does the 15-day framework apply?
Probate Code section 1220 generally requires at least 15 days’ notice for many estate-administration hearings when another provision does not prescribe a different rule. Notice commonly goes to interested persons, heirs or devisees, fiduciaries, and others whose rights are affected, as specified by the particular petition.
“At least 15 days” is a minimum, not a mailing target. Build in time to identify recipients, correct addresses, and file proof before the hearing.
When can 30 days or another period apply?
Trust proceedings are a common example of a different rule. Probate Code section 17203 generally requires 30 days’ notice for a petition concerning the internal affairs of a trust, with recipients determined by the petition and statute. Other Probate Code provisions may require different notice periods or personal service for particular relief.
Do not shorten the period merely because DE-120 has a proof-of-service section. The form records compliance; it does not change the governing law.
Who may need notice?
Depending on the matter, recipients may include the personal representative or trustee, heirs, devisees, beneficiaries, persons who requested special notice, creditors whose rights are directly affected, guardians or conservators, successor fiduciaries, and public agencies or the Attorney General where a statute requires it.
The petition’s effect matters. A final account and distribution may require notice to people entitled to share in the estate. A trust petition may require notice to trustees and beneficiaries under section 17203. A petition affecting a particular claim or property interest may add different parties.
Which service method applies?
Mail is common, but some proceedings require personal service or permit electronic service only after the applicable consent and rules are satisfied. Read the specific statute and any court order. Service on an attorney may or may not replace service on the person, depending on appearance and governing law.
Under California Rule of Court 7.51, proof of service must identify the documents served, the method, date, place, and each recipient and address. The server signs under penalty of perjury.
Who can perform service?
Use an adult who is not a party when the form and applicable rule require a nonparty server. The server should mail or personally deliver the completed notice and any papers the statute requires, then complete the correct proof. The petitioner should not sign a proof claiming another person’s act.
DE-120 versus DE-121
- DE-121: notice of the original petition to administer an estate; core recipients include heirs and devisees, and newspaper publication is required.
- DE-120: notice of many later or other probate and trust hearings; recipients and timing come from the underlying proceeding; no universal publication requirement.
Using DE-120 where DE-121 is required can omit publication and specialized language. Using DE-121 for a later accounting does not answer that accounting’s recipient rules.
Service checklist
- Identify the exact petition and its governing Probate Code section.
- List every statutory recipient and any person who requested special notice.
- Calculate the deadline from the hearing date using the required method.
- Use the permitted service method and include required accompanying papers.
- Complete and file proof early enough for probate examiner review.
- Keep copies and investigate returned mail.
Next, use the DE-120 Guide to complete the hearing data, recipient attachment, service method, and proof after identifying the controlling statute. If beneficiary status, representation of a minor or incapacitated person, trust terms, or entitlement to notice is disputed, obtain probate counsel rather than applying a generic list.
Sources checked October 7, 2026: Judicial Council Form DE-120; California Probate Code sections 1220 and 17203; California Rule of Court 7.51; California Courts Self-Help; and official county probate guidance.