California Probate Form GC-322


Everything you need to know about California Form GC-322, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related CA probate forms.

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About Citation—probate

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Citation—probate is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Give notice to other parties that there will be a hearing.

View Form GC-322

CA Form GC-322, which may also referred to as Citation—probate, is a probate form in California. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Citation—probate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Citation—probate:

  • This form pertains to the State of California

  • The official California source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about ’s Form GC-322 - Citation—probate up to date, certain details can change from time-to-time with little or no communication.

How to file Form GC-322

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form GC-322, take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form GC-322 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form GC-322 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Citation—probate to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Citation—probate is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit GC-322 as quickly as possible:

  1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form GC-322, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form GC-322 Online

Citation—probate is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form GC-322 - Citation—probate f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Citation—probate is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

View Form GC-322

CA Form GC-322, which may also referred to as Citation—probate, is a probate form in California. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form GC-322 - Citation—probate is a probate form in California.

  • Give notice to other parties that there will be a hearing.

  • California has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in California.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in California, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Citation—probate

Give notice to other parties that there will be a hearing.

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding

The Exact Text on Form GC-322

Here’s the text, verbatim, that is found on California Form GC-322 - Citation—probate. You can use this to get an idea of the context of the form and what type of information is needed.

TO (name): DE-122/GC-322 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPERIOR COURT OF CALIFORNIA, COUNTY OF DECEDENT CASE NUMBER: CITATION—PROBATE* You are hereby cited and required to appear at a hearing in this court on Date: Time: Dept.:Room: other (specify): same as noted aboveAddress of court: At this hearing you are required to give any legal reason why the relief requested in the verified petition attached to and served with this citation, and filed with this court, should not be granted. Clerk, by Date: , Deputy (SEAL) * For use in all proceedings under the Probate Code EXCEPT to start a conservatorship. Use Citation for Conservatorship (form GC-320) for that purpose. CITATION—PROBATE (Probate—Decedents' Estates and Guardianships and Conservatorships) Form Adopted for Mandatory Use Judicial Council of California DE-122/GC-322 [ Rev. January 1, 2006] STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FAX NO. (Optional): TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): 1. 2. a. b. 3. Probate Code, §§1240, 1241, 1242 Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code section 54.8.) Page 1 of 2 OF (Name): ESTATE OR TRUST CONSERVATORSHIP GUARDIANSHIP OTHER CONSERVATEE MINOR OTHER NOTICE TO THE PERSON SERVED: You are served On behalf of (specify): under other (specify): by personal delivery on (date): c. a. b. as an individual. as the person cited under the fictitious name of (specify): d. Code Civ. Proc., § 416.10 (corporation) Code Civ. Proc., § 416.20 (defunct corporation) Code Civ. Proc., § 416.40 (association or partnership) Code Civ. Proc., § 416.60 (minor) Code Civ. Proc., § 416.90 (individual) CASE NUMBER: At the time of service I was at least 18 years of age and not a party to this action, and I served copies of the Citation—Probate Party served (specify name of party as shown on the documents served): party in item 2a (2)Person served: (1) other (specify name and title or relationship to the party named in item 2a): Address (specify): I served the party named in item 2 by personally delivering the copies (1) on (date): at (time): by leaving the copies with or in the presence of (name and title or relationship to person indicated in item 2b): (1) (2) at (time):on (date): A declaration of diligence is attached. (Substituted service on natural person, minor, conservatee, or political candidate.) (5) on (date): (4) to an address outside California with return receipt requested. (Attach completed return receipt.) The Notice to the Person Served (on the citation) was completed as follows: underCode Civ. Proc., § 416.10 (corporation) Code Civ. Proc., § 416.20 (defunct corporation) Code Civ. Proc., § 416.60 (minor) Code Civ. Proc., § 416.90 (individual) Person serving (name, address, and telephone number): d. Registered California process server.e. (1) (2) (3) (4) Employee or independent contractor I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I am a California sheriff or marshal and I certify that the foregoing is true and correct. Date: (SIGNATURE OF PERSON SERVING) DE-122/GC-322 [Rev. January 1, 2006] Page 2 of 2 from (city): (3) On behalf of (specify): c. by mailing the copies to the person served, addressed as shown in item 2c, by first-class mail, postage prepaid, PROOF OF SERVICE 1. a. b. c. 5. a. Exempt from registration under Business and Professions Code, § 22350(b). Registration no. (specify): County (specify): Expiration (date): 6. 7. 4. a. b. as an individual defendant. as the person sued under the fictitious name of (specify): b. c. Not a registered California process server. Fee for service: $ other (specify): Code Civ. Proc., § 416.40 (association or partnership) c. d. with two copies of the Notice and Acknowledgment of Receipt—Civil and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgment of Receipt—Civil (form POS-015.)) (2) (1) 3. (2) a. b. (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person served. I informed him or her of the general nature of the papers. (residence) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the person served. I informed him or her of the general nature of the papers. (3) 2. (4) and the following documents (specify): other (specify other manner of service and authorizing code section): CITATION—PROBATE (Probate—Decedents' Estates and Guardianships and Conservatorships) ESTATE OR TRUST CONSERVATORSHIP GUARDIANSHIP OF (NAME): OTHER DE-122/GC-322

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