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Elder Law Today Newsletter | February, 2018


Publication Requirements for Probate

When you file a petition for probate, the California Probate code requires that a copy of the notice of the petition for probate be published so that creditors can make a claim in the probate proceeding for any amounts that may be due to them from the decedent. A copy of the “Notice of Petition to Administer Estate” must be published three times in the legal section of a newspaper of general circulation in the city where the decedent resided. There must be at least five days between the first date and the last publication date. In addition, the first publication date must be made at least 15 days prior to the date set for the first court hearing.

Only qualified newspapers in the city where the decedent resided are used for probate publications. Your probate attorney will send to the qualified newspaper a copy of the Notice of Petition to Administer Estate. Some of these newspapers only publish once a week, so the timing of the dates of publication are critical. In addition, the information in the publication must be correct. If it is not, the court may require a re-publication, thereby delaying the closing of the probate.

When the publication requirements have been completed, an Affidavit of Publication must be filed with the court. Some newspapers will file the publication for you, but this cannot be relied upon.

The above information is general in nature, and should not be taken as legal advice. You should always seek the advice of your estate planning attorney for proper estate planning, probate filings, and planning for your long term care.

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