Petition to Administer Estate

Cal. Form PR-198

California Superior Local Rules

SDSC PR-198 (New 1/24) ATTACHMENT TO INITIAL OR COMPETING PETITION FOR PROBATE Prob. Code, § 8003 Mandatory Form ESTATE OF CASE NUMBER ATTACHMENT TO INITIAL OR COMPETING PETITION FOR PROBATE Advisal of Publication and Notice Requirements: Publication: A copy of the Notice of Petition to Administer Estate (JC Form #DE-121) must be published three times in the legal notice

section of a newspaper of general circulation in the city where the decedent resided. The first publication date must be at least 15 days prior to the hearing with at least five days between the first and last publication (not counting the publication dates), with proof of same being filed with the court (Prob. Code, § 8120, et seq.).

Notice Requirements: A copy of the Notice of Petition to Administer Estate (JC Form #DE-121) showing the hearing date must be given to each person or entity entitled to notice by mail or personal delivery at least 15 days prior to the hearing, with proof of same being filed with the court (Prob. Code, § 8110, et seq.). Having read the above-referenced publication and notice requirements, I hereby request a hearing date, as follows: Within 15-30 days from date of filing. Within 30-45 days from date of filing.

Probate Examiner Notes: If the publication and notice or other requirements are not met before the hearing date, the Probate Examiner will enter this as a “defect” on the Probate Examiner Notes. If defects are not corrected before the hearing date, the hearing may be continued to a date exceeding 45 days from the initial hearing date. Parties are encouraged to review the Probate Examiner Notes and correct any defects with the Probate Examiner at least four court days before the hearing date (SDSC 4.3.3.E & 4.3.3.

O) to avoid excessive delays in estate proceedings. A copy of the Probate Examiner Notes will be available two to three weeks prior to the hearing and can be found on the court website at www.sdcourt.ca.gov (click on the Probate tab, then Examiner Notes). I declare under penalty of perjury under the laws of the State of California that I have read the foregoing and confirm the choice made above. Date: Type or print name Signature of Petitioner

Document details

Collection	California Superior Local Rules
Citation	Cal. Form PR-198
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	d4bcc39c93a31cdfadea3dac0c7996d9a93cc739

Source file is stored in the law ingest library (pdf).