DE-121 is the Notice of Petition to Administer Estate, a probate form adopted for mandatory use by the Judicial Council of California. A person who files a Petition for Probate uses it to tell heirs, beneficiaries, creditors and other interested persons that the petition was filed, who is asking to be appointed, and when and where the hearing will be held. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the California courts at courts.ca.gov.
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What is DE-121?
Form DE-121, Notice of Petition to Administer Estate, is the Judicial Council of California form a petitioner uses to tell heirs, beneficiaries, creditors and other interested persons that a Petition for Probate has been filed and when the court will hear it.
The Judicial Council's self-help site describes a Petition for Probate as a request to start the process of distributing a deceased person's property, paying the debts the person owed and settling the person's financial affairs. The notice also explains what a person who receives it should do if they do not agree with the petition. The form is captioned for the Superior Court of California and cites Probate Code sections 8100 and 9100.
Page 1 is the notice. It names the decedent and every name the decedent was known by, the petitioner, the person to be appointed personal representative, and the hearing date, time, department and room. It states that the petition asks to admit the will and any codicils to probate and for authority under the Independent Administration of Estates Act. It also tells creditors how to file a claim and tells interested persons about the Request for Special Notice (form DE-154).
Page 2 is the Proof of Service by Mail, on which an adult who is not a party to the case declares under penalty of perjury that the notice was mailed to each person listed. Additional persons served may be listed on form DE-121(MA).
Who needs to file DE-121?
The petitioner in a California probate case, or the petitioner's attorney, completes DE-121 after a Petition for Probate has been filed. Item 10 of the form identifies whether the notice is signed off as the petitioner or as the attorney for the petitioner, with the attorney's name, address and telephone number.
The people the notice is addressed to are the recipients, not the filers: all heirs, beneficiaries, creditors, contingent creditors and other persons who may be interested in the will or estate of the decedent. A creditor or contingent creditor who receives it should read item 8, and an interested person who wants later notices should read item 9.
The Proof of Service by Mail on page 2 must be completed by someone who is over the age of 18, is not a party to the case, and lives or works in the county where the mailing occurred. That person signs it, so it is usually not the petitioner.
The form does not state who may complete it other than the petitioner, the petitioner's attorney and the person who mails the notice.
When to file DE-121
DE-121 comes into play once a Petition for Probate has been filed, because the notice tells interested persons about that petition and about the hearing on it. The hearing date, time, department and room are entered in item 6, so the court's hearing date must be known when you complete the form.
The form prints no separate deadline for mailing the notice. For creditors, item 8 sets the claim period that the notice describes: a claim must be filed with the court, and a copy mailed to the personal representative, within the later of four months from the first issuance of letters to a general personal representative or 60 days from the date a notice under Probate Code section 9052 was mailed or personally delivered to the creditor.
Anyone who objects to the petition should appear at the hearing or file written objections before it, as item 7 explains. Check the Probate Code sections cited on the form, or ask the court clerk, for any timing rules on giving notice.
Documents you need
- A copy of the Petition for Probate or other document referred to in the notice, served with the notice; item 5 of the Proof of Service by Mail confirms it was included.
- Form DE-121(MA), only if more persons were served than fit on the six lines of the Proof of Service by Mail; check the continued-on-attachment box.
- The names and mailing addresses of each person to whom notice was mailed, entered in the list at the bottom of page 2.
How to fill out DE-121
Enter court and party information
In the top block, enter the attorney or party without attorney (name, State Bar number, address), telephone number, optional fax and e-mail, and the attorney for (name). Add the county of the Superior Court of California, its street and mailing address, city and ZIP code, and branch name.
Complete the estate caption
Enter the decedent's name after ESTATE OF (Name) and mark DECEDENT. Add the CASE NUMBER.
Name the decedent in item 1
Item 1: specify all names by which the decedent was known, so heirs, beneficiaries and creditors can identify the estate.
Identify the petitioner and county
Item 2: enter the name of the petitioner who filed the Petition for Probate and the county of the Superior Court of California where it was filed.
Name the proposed personal representative
Item 3: enter the name of the person the petition asks the court to appoint as personal representative of the estate.
Review the preprinted statements
Items 4 and 5 are preprinted: the will and codicils are requested to be admitted to probate, and authority under the Independent Administration of Estates Act is requested. Items 7, 8 and 9 are also preprinted and explain objections, creditor claims and the Request for Special Notice (form DE-154).
Enter the hearing details
Item 6a: enter the date, time, department and room. Item 6b: mark same as noted above, or mark other and specify the court address.
Complete item 10
Mark whether the notice is for the Petitioner or the Attorney for petitioner, and enter the attorney's name, address and telephone number.
Complete the proof of service header
On page 2, repeat the decedent's name and case number. Item 1: the person mailing confirms being over 18, not a party, and a resident of or employed in the county of mailing. Item 2: enter that person's residence or business address.
Choose the mailing method
Item 3: mark a if the sealed, prepaid envelope was deposited with the United States Postal Service, or b if it was placed for collection and mailing under ordinary business practices. Item 4: enter the date mailed and the place mailed (city, state), and item 5 confirms a copy of the petition or other document was served with the notice.
List each person served
In the table at the bottom of page 2, enter the name and address (number, street, city, state, ZIP code) of each person to whom notice was mailed. If there are more than six, mark the continuation box and use form DE-121(MA).
Review, sign and download the PDF
The person completing the proof of service prints or types their name, signs and dates it under penalty of perjury. Check every item, then download or print the completed PDF from FillingPDF and mail it as described under How to submit.
How to submit DE-121
DE-121 is delivered to interested persons by mail, and it may also be published; the form names no portal or other filing channel.
- By mail: enclose a copy of the notice in an envelope addressed to each person named in the list at the bottom of page 2. Include a copy of the petition or other document the notice refers to, then deposit the envelope with the United States Postal Service, or place it for collection and mailing under your ordinary business practices. The person who mails it completes the Proof of Service by Mail, entering the date and place mailed (city, state), signing and dating it.
- Additional recipients: if there are more than the six lines on the form, check the continuation box and list them on form DE-121(MA).
- Publication: the note on page 1 says that if the notice is published, you print the caption beginning with the words NOTICE OF PETITION TO ADMINISTER ESTATE and omit the information above the caption. The caption and decedent's name must be in at least 8-point type and the text in at least 7-point type, with the case number printed as part of the caption. Print items preceded by a box only if the box is checked, and do not print the italicized instructions, the paragraph numbers, the mailing information or page 2.
The hearing court address is in item 6b. Contact the court clerk for questions about filing the notice with the court. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving out some of the names the decedent used; item 1 asks you to specify all names by which the decedent was known.
- Having a party to the case complete the Proof of Service by Mail; the person completing it must be over 18 and not a party.
- Mailing the notice without a copy of the petition or other document the notice refers to, then signing item 5 of the proof of service.
- Listing more than six persons on page 2 without checking the continuation box and attaching form DE-121(MA).
- Publishing the notice with the information above the caption, the paragraph numbers or page 2 still included.
- Publishing the caption and decedent's name in type smaller than 8-point, or the text smaller than 7-point.
- Printing items preceded by a box that is not checked, or leaving out the case number from the published caption.
- Leaving the hearing date, time, department, room or court address blank or inconsistent with the court's setting in item 6.
Frequently asked questions
What is the DE-121 form used for?
DE-121 is the Notice of Petition to Administer Estate. After a Petition for Probate is filed in a California Superior Court, the petitioner uses it to tell heirs, beneficiaries, creditors and other interested persons about the petition, the proposed personal representative and the hearing date, time and place.
Who has to sign the proof of service on DE-121?
The person who mailed the notice signs the Proof of Service by Mail on page 2 under penalty of perjury. That person must be over 18, not a party to the case, and a resident of or employed in the county where the mailing occurred.
What if I need to list more than six people on DE-121?
Check the continuation box under the list of persons served and attach form DE-121(MA), which the form names for showing additional persons served. Each person to whom notice was mailed must appear either on page 2 or on the attachment.
How must DE-121 be formatted if it is published?
Print the caption starting with NOTICE OF PETITION TO ADMINISTER ESTATE and omit the information above it. The caption and decedent's name must be at least 8-point type, the text at least 7-point, and the case number is part of the caption. Skip unchecked-box items, italic instructions, paragraph numbers, mailing information and page 2.
How long does a creditor have to file a claim after receiving DE-121?
Item 8 says a claim must be filed with the court and mailed to the personal representative within the later of four months from the first issuance of letters to a general personal representative or 60 days from the mailing or delivery of a Probate Code section 9052 notice.
What is the Request for Special Notice mentioned in DE-121?
It is form DE-154. Item 9 says an interested person may file it to get notice of an inventory and appraisal of estate assets or of any petition or account, as provided in Probate Code section 1250. The court clerk has the form.
Can I fill out DE-121 online?
You can fill out the DE-121 PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not mail the notice, file it with the court or complete the proof of service for you.
Can I get disability accommodations for a probate hearing?
The form says assistive listening systems, real-time captioning or sign language interpreter services are available on request if at least 5 days notice is provided. Contact the clerk's office for form MC-410, Request for Accommodations by Persons With Disabilities and Order.
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