4 Important Facts to Know About Probate Notifications
December 15, 2015
Probate, the process of verifying a will and settling an estate, usually takes at least six months to resolve in the state of California. While there are various phases to the California probate process, one of the first steps will be to make sure that notifications about the impending probate process are sent out to certain parties.
Given that there are specific rules regarding notifications in probate, below are some of the most important facts personal representatives should understand about this phase of probate.Notifications in Probate: What Personal Representatives Need to Know
Who should be notified of California probate – Any individual and/or entity named in the will as either a beneficiary or a possible executor will need to be notified of the upcoming probate proceedings. In the event that a will cannot be located or that the validity of the will may be questionable, then anyone entitled to inherit part of the estate per California’s intestacy laws would need to be sent a probate notification.
Requirements for probate notifications – The notice sent to each interested party must include at least a copy of the “Notice of Petition to Administer Estate,” reflecting the hearing schedule set for the probate case. These notices must be sent:
- At least 15 days before the date of the first probate hearing
- Via first class mail or personal delivery
- By someone who is not looking to be appointed as the personal representative for the estate.
Publishing probate notifications – In addition to sending out notifications about probate, a notification will also have to be published at least three times in a “newspaper of general circulation” in the municipality in which the decedent lived. The first publications of this notice must occur at least 15 days before the first probate hearing, and there must be at least five days between each date of publication (not including the date of publication itself).
Verifying the notifications have been made – After the appropriate notifications have been sent out and published, the final step of this phase of probate will be to follow up with the court and verify that these actions have been taken. While this will include submitting a Proof of Service by Mail form to the court, it also involves submitting the Affidavit of Publication with the court.
If you are preparing for probate in California, the trusted Santa Clarita probate attorney at the Law Offices of Darrell C. Harriman is here for you. For more than 34 years, our attorney has been dedicated to providing his clients with personalized, highly responsive service, as well as superior representation for their important legal matters.
Contact our firm by calling (818) 892-7093 or by filling out the contact form on this page.
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