Notices and CitationsGeneral Notice Provisions
Section § 1200
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.
Section § 1201
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.
Section § 1202
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.
Section § 1203
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.
Section § 1204
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.
Section § 1205
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.
Section § 1206
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.
Section § 1207
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.
Section § 1208
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.
Section § 1209
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.
Section § 1210
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.
Section § 1211
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.
OF THE STATE OF CALIFORNIA
FOR THE (CITY AND) COUNTY OF _______
Section § 1212
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.
Section § 1213
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.
Section § 1214
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.