2007 California Probate Code Chapter 1. General Notice Provisions

CA Codes (prob:1200-1214)

1200.  (a) Except as otherwise provided in this code, this part
governs notice required or permitted under this code.
   (b) This part does not apply to notice under a particular
provision to the  extent that the particular provision is
inconsistent with this part.
   (c) This part does not apply to the giving of a particular notice
where the notice was delivered, mailed, posted, or first published
before July 1, 1991.  The applicable law in effect before July 1,
1991, continues to apply to the giving of that notice,
notwithstanding its repeal.


1201.  If a person is required to give notice, the person required
to give the notice need not give the notice to himself or herself or
to any other person who joins in the petition.



1202.  Where the court determines that the notice otherwise required
is insufficient in the particular circumstances, the court may
require that further or additional notice, including a longer period
of notice, be given.


1203.  (a) Subject to subdivision (b), unless the particular
provision governing the notice of hearing provides that the time for
giving notice may not be shortened, the court may, for good cause,
shorten the time for giving a notice of hearing.
   (b) Unless the particular provision governing the publication of
notice of hearing otherwise provides, the court may not shorten the
time for publication of notice of hearing.



1204.  A person, including a guardian ad litem, guardian,
conservator, trustee, or other fiduciary, may waive notice by a
writing signed by the person or the person's attorney and filed in
the proceeding.



1205.  If a hearing is continued or postponed, no further notice of
the continued or postponed hearing is required unless ordered by the
court.


1206.  (a) Subject to subdivision (b), where notice is required to
be given to known heirs or known devisees, notice shall be given to
the following persons:
   (1) If the estate is an intestate estate, to the heirs named in
the petition for letters of administration and to any additional
heirs who become known to the person giving the notice prior to the
giving of the notice.
   (2) If the estate is a testate estate, to the devisees named in
the petition for probate of the will and to any additional devisees
who become known to the person giving the notice prior to the giving
of the notice.
   (b) Notice need not be given to a person under subdivision (a) if
the person's interest has been satisfied pursuant to court order or
as evidenced by the person's written receipt.



1207.  (a) Subject to subdivision (b), where notice is required to
be given to a decedent's beneficiaries, devisees, or heirs, notice
need not be given to a person who, because of a possible parent-child
relationship between a stepchild and a stepparent or between a
foster child and a foster parent, may be (1) an heir of the decedent
or (2) a member of a class to which a devise is made.
   (b) Subdivision (a) does not apply where the person required to
give the notice has actual knowledge of facts that a person would
reasonably believe give rise under Section 6454 to the parent-child
relationship between the stepchild and the stepparent or between the
foster child and the foster parent.



1208.  (a) Except as provided in subdivision (b), if notice is
required to be given to a trust or trustee, notice to trust
beneficiaries is not required.
   (b) Subject to subdivision (c), where the personal representative
and the trustee are the same person, or where no trustee has been
appointed, notice shall be given to (1) each person to whom income or
principal would be required or authorized in the trustee's
discretion to be currently distributed if the trust were in effect,
or (2) if there are no such persons, to each person who, under the
terms of the trust, would be entitled to any distribution if the
trust were terminated at the time the notice is required to be given.

   (c) Notice to trust beneficiaries is not required under
subdivision (b) where the trust has more than one trustee and notice
is given to a cotrustee who is not a personal representative.




1209.  (a) Where notice is required to be given to the State of
California, the notice shall be given to the Attorney General.
   (b) Where notice is required to be given to the Attorney General,
the notice shall be mailed to the Attorney General at the office of
the Attorney General at  Sacramento, California.



1210.  If an interested person has a guardian or conservator of the
estate who resides in this state, personal service on the guardian or
conservator of any process, notice, or court order concerning a
decedent's estate is equivalent to service on the ward or
conservatee, and it is the duty of the guardian or conservator to
attend to the interests of the ward or conservatee in the matter.
The guardian or conservator may appear for the ward or conservatee
and waive any process, notice, or order to show cause that a person
not under legal disability might waive.



1211.  If a notice is required by this code and no other type of
notice is prescribed by law, by the Judicial Council, or by the court
or judge, the notice shall be in substantially the following form:

      SUPERIOR COURT

      OF THE STATE OF CALIFORNIA

      FOR THE (CITY AND) COUNTY OF ____

      Estate of ______              No. ____

      NOTICE OF HEARING

   (If to be published, describe purport or character of the notice
to be given.)

   Notice is hereby given that (name of petitioner and representative
capacity, if any) has filed herein a (nature of petition,
application, report, or account), reference to which is made for
further particulars, and that the time and place of hearing the same
has been set for ____ (date) ___, at ____.m., in the courtroom (of
Department No. ___, if any) of said court, at (the courthouse, or
state other location of the court), in the City of ____, California.

Dated ________
         ________________, Clerk
         By ______, Deputy Clerk



1212.  Unless the court dispenses with the notice, if the address of
the person to whom a notice or other paper is required to be mailed
or delivered is not known, notice shall be given as the court may
require in the manner provided in Section 413.30 of the Code of Civil
Procedure.


1213.  (a) The following persons shall mail a notice, as described
in Section 1211, to a surety who has filed a court bond in a
proceeding:
   (1) A person who files a petition to surcharge.
   (2) A person who files an objection to an account.
   (3) A person who files a petition to suspend or remove a guardian,
conservator, or personal representative.
   (4) An attorney who files a motion to withdraw from representation
of a guardian, conservator, or personal representative.
   (b) Within five days after entry of an order to suspend or remove
a guardian, conservator, or personal representative, the person who
filed a petition to suspend or remove a guardian or, if the order to
suspend or remove a guardian, conservator, or personal representative
was issued upon a motion by the court, the court, shall notify the
surety who has filed a court bond of the order by first-class mail,
postage prepaid.
   (c) The notice required by this section shall be mailed to the
address listed on the surety bond.
   (d) Notwithstanding subdivisions (a) and (b), notice is not
required to a surety pursuant to this section if the surety bond is
for a guardian, conservator, or personal representative who is not
the subject of the petition, motion, or order described in this
section.



1214.  If a notice or other paper is required or permitted to be
mailed, delivered, served, or otherwise given to a person who is
represented by an attorney of record, the notice or other paper shall
also be mailed to this attorney, unless otherwise specified in a
request for special notice.