Why must a Petitioner give a Notice of Hearing in the California Probate Court?

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To learn about why a petitioner or executor must give a notice of hearing in California Probate cases, call probate attorneys:

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Why must a Petitioner give a Notice of Hearing in the California Probate Court?

A Notice of Hearing is a California Probate form, which the petitioner or executor files and serves which gives notice to all heirs, beneficiaries, and interested persons about what is being filed in the Probate Court, and about the date, time and the location of the hearing.   The Notice of Hearing is significant because if it is not given, the heirs, beneficiaries, and interested persons may later try to overturn the order, for lack of notice.

So, when a petitioner files a California Petition for Probate Form, he or she must give notice of the hearing regarding that Petition with Notice of Hearing form.

Most imporantly, the notice of hearing gives an opportunity to interested persons to make an objection to the action at the probate hearing.

The Probate Notice of Hearing gives the court the necessary jurisdictional requirement for ruling on the particular probate petition.

Generally, in a probate case, the notice of hearing must be served at least 15 fifteen days before the date of the hearing.   Giving less notice can negatively impact your petition, but can be cured with a continuance.

Here is a sample of the Notice of Hearing form in Probate for California.    In addition to the regularly noticed persons, it must include all persons who have requested special notice who have filed a Request for Special Notice form in probate court.

By: Mina N. Sirkin Probate Lawyer in Los Angeles has been licensed to practice law in California since 1992.  Ms. Sirkin is Board Certified as a specialist in probate, estate planning and trust law in California, and a media expert in estates who teaches our probate executor course in Los Angeles County. Call us by phone at 818.340.4479 or Email us about Notice of Hearing and to Request Special Notice in California Probate at: Info@SirkinLaw.com.


 

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