§ 8100
397 words·~2 min read·
/ca/probate-code/8100A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The notice of hearing of a petition for administration of a decedent’s estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER
ESTATE OF ___________, ESTATE NO. ________
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both:
A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedent’s will, which is available for examination in the court file].
[The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.]
The petition is set for hearing in Dept. No.
at (Address)
on (Date of hearing) at (Time of hearing) .
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either
(1)four months from the date of first issuance of letters to a general personal representative, as defined in subdivision
(b)of Section 58 of the California Probate Code, or
(2)60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
(Name and address of petitioner or petitioner’s attorney)