Q: Why do you have to notify grandchildren when filing a petition for administrator of my deceased parents house.
Than they will think that they are entitled to some inheritance money when house is sold.
A: The probate code requires that notice be given to potential heirs. Just because someone is within the group of individuals entitled to receive notice, does not mean they are entitled to actually inherit anything. The courts require notice to anyone who might be affected by the court proceeding. That is in order for them to be able to participate if necessary, and because they may lose their rights once the court proceeding is done. You should seriously consider hiring a probate attorney to represent you in this action.
A:
Dear Los Angeles:
The parties that you are required to notice are spelled out by the California Probate code, so the unsatisfying answer is "because that is what the law requires."
The code section that states who you are required to notice on a Petition to appoint an administrator or executor is Probate Code s 8110. Essentially you give notice to the intestate heirs, the beneficiaries in the will, and all named executors.
The reason for this is so that all the relevant parties know that the probate is proceeding and have an opportunity to address the court. For example, if a Decedent dies with a will giving everything to their good friend, but their intestate heirs are their grandchildren, the grandchildren would not know about the will if they were not noticed. If the will was a product of fraud, forgery, or undue influence, the friend could make off with the cash before the intestate heirs are able to raise an objection.
As to who is entitled to a share of the estate, that should be spelled out in the Decedent's will, or if there is no will then the estate is distributed to the intestate heirs. Probate Code section 6400 though 6455.
If you wish more information about notice provisions, the effect of wills, and intestate succession, I would discuss this with the attorney who is handling the matter. If you do not have an attorney, you may wish to discuss the matter with one to make sure that the notice provisions are correctly complied with. You can try your local county bar association attorney referral service for a low cost consultation with a knowledgeable attorney.
Bill Sweeney agrees with this answer
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