Q: In CA, husband’s will listed alternate heirs if the spouse does not survive him. She did. Must I list these alternates
in my petition to probate even though they do not inherit anything because spouse is still surviving?
A: Yes. Everyone named in a Will must be given notice of your petition for probate (whether they get anything or not).
Gerald Barry Dorfman and John B. Palley agree with this answer
A: As the other attorney stated you do need to put on notice of your initial petition. In my opinion when in doubt send it out! That's my rule of thumb. Over-noticing protects the executor more than under-noticing in my opinion. Good luck.
A: Yes, notice still needs to be sent to all persons named in a will.
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