Q: What is the Standard for providing proof of service for 120 day trustee notice

A: Under California law, the standard for providing proof of service for a 120-day trustee notice, as well as the evidence required when a beneficiary or petitioner claims they did not receive the notice or that the trustee claims the petition to determine the validity of the trust was filed after the 120 days had expired, is guided by the California Probate Code. This code specifies the procedures for notice and proof of mailing or delivery, which is crucial for these situations.

When it comes to serving notices related to trusts, including the 120-day notice for contesting the trust, proof of service typically involves showing that the notice was properly addressed, stamped, and mailed or delivered in another legally acceptable manner. The Probate Code often requires that such proof include a copy of the notice served, along with a declaration or affidavit of the person who completed the service, detailing how, when, and where the service was done. For mailed notices, a receipt from the post office can be a valuable piece of evidence, demonstrating that the notice was indeed sent to the correct address.

In cases where there's a dispute over whether a notice was received or whether a filing was made within the required time frame, the court will look at the evidence presented to determine if the statutory requirements were met. This can include postal receipts, certified mail records, or other forms of delivery confirmation. The exact code sections governing these requirements vary, focusing on the need for clear and convincing evidence of proper notice or timely filing. It's essential to consult the specific sections of the California Probate Code relevant to notice and proof of service for the most accurate guidance.