DE-120(P) Guidance: Proof of Personal Service of Notice of Hearing (California)

When administering a decedent's estate or trust, the DE-120(P) Proof of Personal Service of Notice of Hearing form becomes necessary as part of the probate court's notification process. The form is used to document that all required parties have been personally served with a Notice of Hearing, which is a critical step in ensuring due process and compliance with California probate rules. Personal service is integral to proceedings such as petitions to probate a will or instructions related to the trust, ensuring that interested parties are aware and have a chance to partake in legal hearings. - **Notice of Hearing—Decedent's Estate or Trust (Form DE-120):** This form, which accompanies the proof of service, acts as a precursor, officially notifying parties of the upcoming court hearing concerning the decedent’s estate. - **Petition for Probate (Form DE-111):** Filed before the DE-120(P), this form initiates the probate process and may trigger the need for notification to interested persons. - **Order for Probate (Form DE-140):** Once the petition is filed and the hearing set, personal service of the Notice of Hearing ensures that the proceedings can continue lawfully as scheduled. - **Inventory and Appraisal (Form DE-160):** After personal service and subsequent hearings, this form may be submitted to assess the estate’s assets formally. The DE-120(P) form is crucial once the initial application to probate the estate or administer a trust is submitted, as it solidifies the process of legally notifying interested parties about court hearings and ensuring they have the opportunity to participate, which is essential for the transparent administration of the estate or trust.