California Probate Code 851 – (a) At least 30 days prior to the day of the hearing, the …
(a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable:
(1) The personal representative, conservator, guardian, or trustee as appropriate.
Terms Used In California Probate Code 851
- Conservator: includes a limited conservator. See California Probate Code 30
- Decedent: A deceased person.
- Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
- Trust: includes the following:
California Probate Code 82
(2) Each person claiming an interest in, or having title to or possession of, the property.
(b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of the petition, shall be given as provided in Section 1220 if the matter concerns a decedent estate, as provided in Section 1460 if the matter concerns a conservatorship or guardianship, or as provided in Section 17203 if the matter concerns a trust to all of the following persons:
(1) Each person listed in Section 1220 along with any heir or devisee whose interest in the property may be affected by the petition if the matter concerns a decedent estate.
(2) Each person listed in Section 1460 if the matter concerns a conservatorship or guardianship.
(3) Each person listed in Section 17203 if the matter concerns a trust.
(c) A notice of hearing shall contain all of the following:
(1) A description of the subject property sufficient to provide adequate notice to any party who may have an interest in the property. For real property, the notice shall state the street address or, if none, a description of the property’s location and assessor’s parcel number.
(2) If the petition seeks relief pursuant to Section 859, a description of the relief sought sufficient to provide adequate notice to the party against whom that relief is requested.
(3) A statement advising any person interested in the property that he or she may file a response to the petition.
(d) The court may not shorten the time for giving the notice of hearing under this section.
(Amended by Stats. 2017, Ch. 32, Sec. 1. (AB 308) Effective January 1, 2018.)