For a California petition to administer an estate, notice on Form DE-121 generally must be mailed at least 15 days before the hearing to each heir, each devisee named in the will, each executor named in the will who is not petitioning, and other people or entities required by statute. The exact list depends on the will, family relationships, appointment request, and special circumstances.
DE-121 mailed notice is separate from newspaper publication. Use the complete DE-121 Guide to work through the form, service, and proof fields.
Heirs and devisees are different groups
An heir is a person who would inherit under California intestate succession if there were no effective will. A devisee is a person or entity given property by the will. A person can be both, but serving only the will beneficiaries can miss an heir, and serving only the heirs can miss a beneficiary.
Probate Code section 8110 identifies the core mailed-notice recipients. The petitioner should build the list from both the family tree and every admitted or offered will and codicil, without deciding disputed heirship by omission.
Who generally receives DE-121?
- Each heir of the decedent.
- Each devisee named in the will, including a contingent devisee when the statute requires notice.
- Each person named as executor in the will who is not petitioning.
- Other persons or public agencies required by the Probate Code because of the particular facts.
If an address is unknown, reasonable diligence and the court’s instructions matter. Leaving someone off without documenting the search can create a notice defect or later challenge.
What special recipients may apply?
Special rules can require notice to the Attorney General when a will creates or affects certain charitable interests, to the State Controller in specified escheat situations, or—under Probate Code section 8113—to a recognized diplomatic or consular official of the foreign country when a citizen of that country dies without a will or leaves a will without naming an executor, or when it appears that property will pass to a citizen of that country. Notice may also need to go to a guardian, conservator, trustee, or other representative where the statute directs. A surviving spouse, registered domestic partner, minor, person lacking capacity, or deceased beneficiary may also require analysis of the correct recipient.
These categories are fact-specific. Use the statute, current DE-121 instructions, and the court’s probate examiner guidance instead of mailing to a guessed substitute.
When must notice be mailed?
Under section 8110, mailed notice must generally be given at least 15 days before the hearing. Count backward from the scheduled hearing and allow enough time to correct an address or proof problem. If the hearing is continued, the court may direct whether additional notice is required.
California Rule of Court 7.51 governs proof of service in probate proceedings. File the completed proof so the court can see who was served, at what address, by what method, and on what date.
Who may mail the notice?
The petitioner may not personally perform service when the applicable form or rule requires another adult. The DE-121 proof of service should be signed by an adult who is not a party to the proceeding and who mailed a copy to each person listed. The signer states the date and place of mailing and attaches the recipient list when needed.
The notice must be complete and accurately state the hearing information. Mailing an incomplete form or using an old hearing date does not establish proper notice merely because an envelope was sent.
What does the proof need to show?
- The server’s name, address, and qualification to serve.
- The date and place of mailing.
- Each recipient’s name and mailing address.
- A statement that a copy of DE-121 was enclosed and mailed in the manner shown.
- The server’s signature under penalty of perjury.
Keep copies and returned mail. A returned envelope can signal that further diligence or a corrected mailing is needed.
Do not confuse mailed notice with publication
Newspaper publication gives notice to the public and possible creditors under separate Probate Code provisions. It does not replace individualized DE-121 mailing to known recipients. Conversely, mailing DE-121 does not satisfy the three-publication requirement.
Next, use the DE-121 Guide to complete the hearing information, recipient attachment, mailing proof, and publication relationship. If family status, adoption, parentage, survivorship, a missing heir, or a competing will is disputed, obtain individualized probate advice rather than deciding who counts as an heir yourself.
Sources checked October 7, 2026: Judicial Council Form DE-121; California Probate Code sections 8110, 8111, 8113, 1250, and 1252; California Rule of Court 7.51; California Courts Self-Help; and official Alameda County probate guidance.