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Hemet, CA asked in Probate for California

Q: Do I serve "Notice of Hearing" before filing with the court?

I filed an "Objection to probate petition" in Riverside County, California, and am currently in the process of having the "Notice of Hearing" served to all parties named on the petition. There are two hearings scheduled: one on 10/9 concerning the Objection to Probate and another on 10/23 regarding the Probate Petition filed by my sister, which did not include my brother and me. I understand serving the "Notice of Hearing" is a required step, but I'm unsure of the correct process. Should the "Notice of Hearing" be served to all parties before I take the original form along with the "Proof of Service" to the court to be filed? Also, I've received some initial guidance from an attorney named James Aerasmith via Justia. Your advice on these next steps would be appreciated.

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2 Lawyer Answers
Christopher R. Milton
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A: You can serve the Notice of Hearing and attach a proof of service to it. You then take the two documents together and file them as a single document with the court. If you are using a judicial counsel form for the proof of service you file that as a separate document from your notice of hearing.

James L. Arrasmith
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A: Yes, you should have the Notice of Hearing served first, then file the original Notice together with the signed Proof of Service with the court. Service must be completed by someone who is not a party, after which you promptly lodge the original Notice and proof so the judge sees timely notice in the file. You are on the right track by focusing on notice because it protects the integrity of the hearing.

Serve everyone entitled to notice, including all heirs, beneficiaries, anyone named in the petition, and anyone who has appeared. For probate matters in California, mail the notice at least 15 days before the hearing, counting from the mailing date; personal delivery is allowed but the same 15 days apply. Prepare a separate Notice for each hearing date so the served document matches the calendar.

For the 10/23 hearing on your sister’s petition, the petitioner usually carries the duty to give notice, but if the court directed you to do so, serve and file your own notice as well. For the 10/9 hearing on your objection, if the court calendared it, serve a Notice of Hearing for that date and file the original with the completed proof immediately after service.

If you and your brother were omitted from prior notice, make that record at the petition hearing and request a continuance or renotice if appropriate. Confirm any local filing cutoff with the probate clerk or the minute order, and aim to have your filed proof in the docket several court days before each hearing.

And you are very welcome. :) — James Arrasmith, President and Chief Legal Counsel at The Law Offices of James L. Arrasmith

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