San Jose, CA asked in Probate for California

Q: Calendar notes says needed ,name address of issue of predeceased child with notice

On DE 111 I marked thereis issue of predeceased child. I have her name on section 8. I also sent her a copy o form DE120 and DE 121 with proof of service what more do they want

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2 Lawyer Answers
Bruce Adrian Last
Bruce Adrian Last
Answered
  • Probate Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: I would double check your conformed copy of the notice to make sure that you have her name and address correct and that it matches the name and address on the Petition for Probate. If they match, you can try calling the probate examiner, depending on your county. While rare, examiners sometimes do make errors.

If you made the error, such as an incorrect address or forgot to place her on the list, you can file a supplemental declaration under perjury to correct the error. Worst case, you will need to either ask the court to excuse notice, or continue the hearing so you may provide proper notice.

John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: In section 8 did you identify her as as the predeceased child? You might do a reply to calendar notes, in writing, under penalty of perjury, and explain the family tree. Also mark if adult or minor. Maybe even state they are only issue. Make it easy for the court. Good luck. -John

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