How to Fix a California Probate “Deficiency Notice”: Curing Notice and Proof of Service Problems Without Starting Over

Published: September 8, 2025 • Dispute Resolution

California probate courts send “deficiency notices” all the time. They usually mean something technical is missing, not that your entire case is ruined. One of the most common problems is incomplete notice or proof of service of the Notice of Hearing (Judicial Council form DE-120). (California Courts)

This guide explains how to understand that notice and how to cure service problems so you can move your case forward without starting over.

Contents

📌 What a probate deficiency notice usually means

A deficiency notice is the court’s way of saying: “We cannot proceed until you fix these specific issues.”

Typical examples related to notice and service:

Court issue	What it means in plain English	Usual fix
“No proof of service of Notice of Hearing filed”	Court has no evidence that required people were notified	Serve the Notice of Hearing properly and file the proof of service
“Insufficient notice given (less than required days)”	Papers were mailed too late	Re-notice the hearing for a later date and serve again on time
“Incorrect form used (POS-030 instead of DE-120 proof, etc.)”	Wrong Judicial Council form or proof section	Use the correct DE-120 proof of service page or its attachments
“Parties in petition paragraph X not served”	Someone entitled to notice did not get it	Serve all missing parties and file updated proof

Most of the time, you do not need to refile the entire case. You cure what is missing, then file the correct proof so the court can go forward.

📬 Why notice and proof of service are so important

California Probate Code requires that people entitled to notice receive a Notice of Hearing at least a set number of days before the hearing, often at least 15 days by mail, depending on the type of petition. (Justia Law)

Judicial Council form DE-120 (Notice of Hearing – Decedent’s Estate or Trust) is the standard notice used for many probate hearings. Page 2 of DE-120 contains a built-in Proof of Service by Mail, which lets the server tell the court who was mailed notice and when.

If notice is late, missing, or not properly documented, the court will typically:

Continue the hearing to a later date, and
Issue a deficiency notice directing you to fix service and file proper proof.

🔧 Step-by-step approach to curing a notice / proof of service deficiency

🧐 Read the deficiency notice word for word

Identify exactly what the court says is missing. Common phrases:

“File 30-day proof of service of Notice of Hearing”
“Serve all parties listed in paragraph [x] of petition”
“Use Judicial Council form DE-120 with proof of service”

Treat each bullet in the court’s notice as a checklist item you must satisfy.

👤 Identify everyone who must receive notice

Look at your petition and any local rules:

Most petitions list the interested parties in specific paragraphs or attachments.
Those people are usually the ones who must receive a Notice of Hearing.
California Rules of Court, rule 7.51, also requires that the notice be mailed directly to each person entitled to notice, not “care of” someone else, unless a narrow exception applies.

Create your own list:

Person to notify	Address	Reason (heir, beneficiary, creditor, etc.)	Already served?

This list becomes your roadmap for service.

📄 Choose the correct Judicial Council form

For decedent’s estates and many trust matters you will use:

Form	Purpose
DE-120	Main Notice of Hearing for decedent’s estate or trust
DE-120(MA)	Attachment when you need more space to list people served by mail on DE-120
DE-120(P)	Separate proof of personal service of a Notice of Hearing when personal service is required

Fill out DE-120 with the correct hearing date, time, department, and description of the filing that is being heard.

✉️ Arrange proper service

California law allows service by mail for many probate hearings, as long as it is done correctly and on time.

Key rules:

The server must be over 18 and not a party to the case, and must live or work in the county where mailing occurs.
The petitioner (the person who filed the case) should not serve the papers.
You may use first-class mail; certified mail is optional unless a specific statute, local rule, or judge’s order requires it.

Many people use:

A friend, relative, or assistant who is not a party, or
A professional process server.

That person mails:

A copy of the Notice of Hearing (DE-120), and
Any additional documents the court or statute requires (often a copy of the petition).

🖊️ Complete the proof of service correctly

After mailing:

The server, not the petitioner, fills out and signs the Proof of Service on page 2 of DE-120, listing each person served.
If there is not enough space, attach DE-120(MA) and list additional names there. (Self-Help Guide to the California Courts)

Double-check:

Names and addresses match your petition list.
Mailing date is far enough before the hearing to satisfy statutory and local-rule timing.

📤 File the notice and proof with the court

Most courts expect:

The Notice of Hearing with completed proof of service to be filed before the hearing, often a specified number of court days in advance under local rules. (sjcourts.org)

If your court uses an electronic filing system or a provider such as OneLegal:

Upload a single PDF containing DE-120 and any attachments,
Make sure the filing is in the name of the petitioner (self-represented, if no attorney of record), and
Save the transaction confirmation for your records.

Once accepted, the deficiency relating to notice is usually considered cured.

👥 Who can and cannot serve the probate Notice of Hearing

Potential server	Allowed to serve by mail?	Notes
Petitioner / personal representative	❌ Usually not	Must not be a party to the case
Adult friend, relative, or coworker	✅ Yes	Must be over 18 and live or work in the county of mailing
Professional process server	✅ Yes	Commonly used when there are many recipients
Minor child	❌ No	Must be an adult
Attorney of record	✅ Technically allowed if not a party, but often better to use staff	Many attorneys delegate to staff for clarity

The key requirement is that the server is not a party and meets the age and residency / employment criteria set out in the form instructions.

⚖️ When you can fix it yourself and when to involve a lawyer

Many self-represented Californians can handle the mechanical steps:

Filling in DE-120 with the hearing information
Having a non-party adult mail the papers
Filing the completed proof of service through the court’s e-filing system

You are more likely to need a lawyer when:

The court is threatening dismissal or sanctions,
You are unsure who must receive notice or what statutes apply,
There are competing heirs or beneficiaries and notice strategy has tactical implications, or
You already missed a deadline and need advice about asking for continuances or relief.

A limited-scope engagement can be enough: a lawyer reviews the deficiency notice, confirms what is required, prepares the forms, and gives you step-by-step instructions, while you (or your helper) handle mailing and filing.

💻 Using e-filing systems such as OneLegal to submit your proof

Many California probate courts require or permit e-filing through approved vendors. General best practices:

Keep a clean PDF that includes the signed DE-120 and any attachments.
File it in the correct case number and select a document type such as “Notice of Hearing with Proof of Service.”
If you are self-represented, make sure the e-filing profile identifies you as a party without attorney, not as a law firm.
After submission, download and save the conformed copy and the e-filing receipt.

If your deficiency notice is specifically about “30-day proof of service,” upload the proof with enough time before that deadline to allow for processing.

Frequently Asked Questions

Do I have to refile my California probate case if I get a deficiency notice about service?

Usually no. A deficiency notice about service or proof of service usually means the court needs you to correct the notice process, not start the case over. You typically:

Serve the Notice of Hearing correctly, and
File a proper proof of service on the required form and within the required time.

Only if the case is actually dismissed would you need to refile, and even then options can depend on the specific order.

Do I need certified mail to serve a Notice of Hearing in probate?

In most probate matters, the statutes and Judicial Council forms allow regular first-class mail as long as the server signs a proper proof of service. Certified mail is sometimes used as extra documentation but is not required unless a particular statute, local rule, or court order says so. (Justia Law)

Can I serve the Notice of Hearing myself?

No. The person who serves by mail must be:

Over 18,
Not a party to the case, and
A resident of or employed in the county where mailing occurs.

You can arrange for service and give instructions, but another adult must actually mail the papers and sign the proof.

How far before the hearing do I have to mail the Notice of Hearing?

Under the Probate Code, notice of hearing is generally mailed at least 15 days before the hearing, unless a different period is specified for a particular type of petition.

Local rules may also require that proof of service be filed a certain number of court days before the hearing, so always check your county’s probate local rules.

What if I already missed the notice deadline?

If notice was mailed too late or not at all, the usual outcome is that the court continues the hearing and orders you to re-serve and file proof. In some situations you or your attorney may need to:

Request a continuance, and
Reset the hearing date so there is enough time to provide proper notice.

If the court is threatening to drop or dismiss the matter, it is wise to get legal advice promptly to evaluate your options.

Can a lawyer help me without appearing as my attorney of record?

Yes. California allows limited-scope representation. An attorney can:

Review your deficiency notice,
Confirm who must receive notice,
Prepare the DE-120 and proof of service forms, and
Give you written instructions for service and e-filing,

while you remain self-represented on the court’s docket. In that model, the filings list you as “party without attorney,” and the lawyer’s name does not appear as counsel of record.