Title
Title
Rules and Forms | Notices of Hearings in Probate Proceedings (Action Required)
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Summary
Summary
The Probate and Mental Health Advisory Committee recommends adopting one mandatory form and revising one mandatory form to solicit information and give advisements required by statute in a notice of hearing on a petition filed under Probate Code section 850 and a notice of hearing on a report of status of estate administration filed under Probate Code section 12201. These revisions have been requested by courts and stakeholders. They are needed to conform to existing law, promote access to the courts, and reduce delays to hearings.
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Recommendation
Recommendation
The Probate and Mental Health Advisory Committee recommends that the Judicial Council, effective January 1, 2020:
1. Adopt Notice of Hearing on Petition to Determine Claim to Property (form DE-115/GC-015) to give the required notice of a hearing on a petition under Probate Code section 850; and
2. Revise Notice of Hearing-Decedent’s Estate or Trust (form DE-120) to add a required advisement, update instructions, and make technical corrections.