When someone passes away and their estate goes through probate, most people expect paperwork, court filings, and (eventually) property transfer to the heirs. Giving proper legal notice is an important step that helps keep the process running smoothly. If you’re acting as an executor or administrator, it’s one of your responsibilities—and missing it can lead to delays or complications.
Why Is Notice Required?
Notice helps protect the rights of everyone involved. California probate courts follow the principle of due process, which means interested parties should have fair warning before any legal decisions that could affect them. This includes heirs, beneficiaries, creditors, and sometimes public agencies. Providing notice allows them to respond, raise questions, or file a claim.
If the notice isn’t handled properly, the court may delay or reject your petition until the issue is resolved.
Who Must Receive Notice?
California law outlines who must be notified in a probate case, including:
- Heirs at law – even if they aren’t named in the will.
- Beneficiaries named in a will or trust.
- Creditors who are known or can be reasonably identified.
- Government agencies, like the Department of Health Care Services, if the decedent received Medi-Cal.
- The Attorney General, if a charity is involved in the estate.
If there’s any uncertainty, it’s generally safer to provide notice than to leave someone out. I’m a fan of oversharing because giving notice can prevent a person from raising objections later.
How Is Notice Given?
Most probate petitions require you to use Judicial Council Form DE-120 (Notice of Hearing—Decedent’s Estate or Trust). You must mail it to all interested parties at least 15 days before the hearing (Prob. Code, § 1220). In some cases, personal delivery or newspaper publication is also required.
You’ll also need to file proof with the court showing that the notice was given correctly. Mistakes here can cause unnecessary delays.
What Happens If You Don’t Give Notice?
The court may pause or deny your petition if the required notice isn’t given. They could object or challenge the process if someone entitled to notice were missed. The court might require you to start certain steps over depending on the issue.
Final Thoughts
Notice is a key part of probate, and it’s worth doing right the first time. Review the requirements carefully, use the correct forms, and double-check who should be notified. If you’re unsure, get help—better to ask early than fix mistakes later.