When you need form DE-120
In the realm of probate law, the DE-120 Notice of Hearing form is pivotal during estate or trust administration processes for a deceased person, known as the decedent. This form is essential when there is a petition, application, report, or other legal filing related to the decedent's estate or trust that requires a hearing. Such hearings may address various matters, from resolving disputes to approving accounts submitted by executors or trustees.
- **Trigger Events:**
- Filing a petition for instructions for trustee or executor.
- Seeking court approval for the executor or administrator's actions.
- Periodic or final distribution account reports that necessitate a court's approval.
- Resolving disputes among beneficiaries or regarding estate or trust management.
Prior to needing this form, one might have filed initial documents related to the estate, such as the initial Petition for Probate or Trust, to open the probate case. The DE-120 is typically preceded by a specific event where an order from the court is necessary, signaling participants in the proceedings that their interests could be affected by the upcoming hearing. It ensures all relevant parties are aware of the scheduled court date and their opportunity to attend or respond.
1. **Prepare the Form**: Complete the DE-120 Notice of Hearing form by providing all necessary details, including the names involved in the decedent's estate or trust, the filing party’s information, and the hearing details.
1. **Attach Supporting Documents**: Attach any relevant documents referred to in the notice, such as the petition or report related to the estate or trust.
1. **Submit to the Court**: File the completed form and attached documents with the clerk of the Superior Court in the county where the decedent’s estate or trust is being administered.
1. **Serve Notice**: Serve the Notice of Hearing on interested parties as required, using mail or personal service, and complete any necessary Proof of Service forms (e.g., DE-120(P) for personal service).
1. **Keep Records**: Retain copies of the filed notice and proof of service for your records as evidence that notice was properly provided.