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Checklist For Publication Of Notice Of Petition To Administer Estate

As part of the California probate process, notice of a person’s death and the probate of that person’s estate must be published 3 times before the court hearing and the first publication must be at least 15 days before the hearing date. California Probate Code Sections 19040 and 19041 have very specific publication requirements.

The notice must be published in a newspaper of general circulation in the city where the decedent resided at the time of death (or where the decedent left property if the decedent did not live in California). If no such newspaper exists or if the property is not in the city or if the decedent didn’t reside in a city, publication may be made in a newspaper of general circulation that is circulated in the area of the county in which the decedent lived.

Three publications must occur in a newspaper published once a week or more often, with 5 days between the first and last publication dates, not counting those dates.

An affidavit from the newspaper as proof of publication must be filed with the court before the petition for probate is scheduled for a hearing date.

The notice shall state substantially as follows:

Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and mail a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.

_____________________________________________ (name and address of trustee or attorney)

Probate your California estate with a qualified probate attorney. Contact attorney Mitchell A. Port for probate help.

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