Section § 1200

Explanation

This section explains the rules about providing notices under this part of the code. Generally, these rules apply unless there are specific provisions that conflict with them. Additionally, if a notice was handled before July 1, 1991, then the laws that were in place before that date still govern those notices, despite any changes or repeals since then.

(a)CA Probate Code § 1200(a) Except as otherwise provided in this code, this part governs notice required or permitted under this code.
(b)CA Probate Code § 1200(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)CA Probate Code § 1200(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.

Section § 1201

Explanation

When someone is required to give a notice as part of a legal process, they don't have to send that notice to themselves or to anyone who is also involved in submitting the petition.

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.

Section § 1202

Explanation

This law allows a court to demand additional notice if it decides that the standard notice is not enough for a given situation. This could involve extending the notice period or requiring extra notifications.

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.

Section § 1203

Explanation

This law explains the rules about shortening the time for giving notice of a hearing. If good reason is shown, the court can shorten the time for giving notice, unless a specific rule says it cannot be shortened. However, the court cannot shorten the time if the notice of hearing needs to be published, unless a rule specifically allows it.

(a)CA Probate Code § 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)CA Probate Code § 1203(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.

Section § 1204

Explanation

If you're involved in a legal proceeding and you're a guardian, conservator, trustee, or have a similar role, you can choose to skip receiving legal notices by signing a written document. This written waiver must be filed with the court to be official.

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.

Section § 1205

Explanation

When a court hearing is rescheduled, there isn't a need to send out another notice about the new hearing date unless the court specifically requests it.

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

Section § 1206

Explanation

This law explains who should receive notice when there's a requirement to inform known heirs or beneficiaries about an estate. If someone has died without a will (an intestate estate), notice should go to heirs mentioned in the administration petition and any other known heirs. If there's a will (a testate estate), notice is sent to beneficiaries named in the probate petition and any other known beneficiaries. However, if someone's interest in the estate has already been fulfilled by court order or they have provided written acknowledgment of receiving it, they do not need to be notified.

(a)CA Probate Code § 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)CA Probate Code § 1206(a)(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)CA Probate Code § 1206(a)(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)CA Probate Code § 1206(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.

Section § 1207

Explanation

This law explains when notice is not needed in probate matters. Normally, you must inform a decedent's heirs, but you don't have to notify someone who might be considered an heir because of a potential parent-child relationship between a stepchild and stepparent or between a foster child and foster parent.

However, if you know of facts that would lead a reasonable person to believe there is such a parent-child relationship (as defined in another law, Section 6454), then you must give notice to that person.

(a)CA Probate Code § 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)CA Probate Code § 1207(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.

Section § 1208

Explanation

This law explains when notice must be given to trust beneficiaries. Generally, you don't need to notify beneficiaries if a trust or trustee is notified. However, if the trustee and the personal representative are the same person, or if there's no trustee, relevant beneficiaries must be notified. This means notifying those who would get income or principal now or, if none, those who would receive distributions if the trust ended immediately. An exception is if there's more than one trustee and the notice goes to a co-trustee who isn't a personal representative.

(a)CA Probate Code § 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)CA Probate Code § 1208(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)CA Probate Code § 1208(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.

Section § 1209

Explanation

This law section explains how to give notice to the State of California or the Attorney General if required: the notice should always go to the Attorney General's office in Sacramento. Even if the Attorney General doesn't appear at a mediation or settlement conference, they retain the right to object to settlements that negatively affect charitable gifts.

(a)CA Probate Code § 1209(a) If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b)CA Probate Code § 1209(b) If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General in Sacramento, California.
(c)CA Probate Code § 1209(c) The Attorney General does not waive the right to object to a proposed settlement that adversely impacts a charitable gift by failing to appear at a mediation, a mandatory settlement conference, or other court-ordered alternative dispute resolution proceeding related to the settlement.

Section § 1210

Explanation

If someone involved in a legal matter has a guardian or conservator living in California, delivering legal documents to the guardian or conservator is the same as delivering them to the person they care for. The guardian or conservator must look after the interests of that person in the legal matter. They can also represent the person and choose to give up certain legal notices that someone without a disability could also waive.

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.

Section § 1211

Explanation

This law states that if you need to give notice for a legal matter and no specific format or method is outlined by other laws, the notice should follow a certain template. This template includes basic information like the court name, estate details, and hearing information, such as the date, time, and location. If the notice needs to be published, you should briefly describe its purpose. This ensures that all parties are aware of when and where the hearing will take place.

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

Section § 1212

Explanation

If you need to deliver a notice to someone whose address you don't know, the court will tell you how to give that notice. This might be done in a specific way according to another law about court procedures.

Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 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.

Section § 1213

Explanation

If you're involved in a case with a court bond, like trying to challenge a guardian or conservator, there are specific notification rules to follow. If you file a petition to surcharge, object to an account, try to remove or suspend someone from their role, or if you're a lawyer trying to withdraw, you need to let the surety (the company providing the bond) know by sending them a notice. This should be done within five days if a removal or suspension is ordered. However, you don't have to notify the surety if the bond isn't related to the current case concerns.

(a)CA Probate Code § 1213(a) The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1)CA Probate Code § 1213(a)(1) A person who files a petition to surcharge.
(2)CA Probate Code § 1213(a)(2) A person who files an objection to an account.
(3)CA Probate Code § 1213(a)(3) A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4)CA Probate Code § 1213(a)(4) An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b)CA Probate Code § 1213(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 pursuant to Section 1215 the surety who has filed a court bond of the order.
(c)CA Probate Code § 1213(c) The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond.
(d)CA Probate Code § 1213(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.

Section § 1214

Explanation

If a person needs to be given a notice or document according to the rules in Section 1215, and they have an attorney, that attorney must also receive the same notice or document. This rule applies unless the person has specifically asked for notices to be handled differently.

If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.