Skip to main content
ProbateTrust Litigation

Notice to Heirs in California Probate: 5 Key Tips

By November 12, 2025No Comments
notice to heirs in California probate

Table of Contents

Key Takeaways
Why Notice to Heirs Matters
Who Must Receive Notice During California Probate
What the Probate Notice Must Include
How to Identify the Correct Heirs
What Happens When There Are No Heirs
Tips for Sending Probate Notices Properly
Related Resources
FAQ
How The Grossman Law Firm Can Help

Key Takeaways

  • California law requires formal notice to be given to heirs and beneficiaries at the start of the probate process.

  • The notice includes the hearing date, time, and courthouse where the Petition for Probate will be heard.

  • Administrators of estates without a will must determine the heirs using California intestate succession laws.

  • If no heirs exist, the estate may pass to the State of California under escheat rules.

  • Notices should be sent in writing with proof of mailing to avoid disputes later.

Why Notice to Heirs Matters

When probate begins in California, the court requires that all interested parties be notified. This includes heirs, beneficiaries named in the will, and anyone nominated as executor. The notice provides each person with the opportunity to participate, object, or protect their rights.

At The Grossman Law Firm, we regularly assist heirs, beneficiaries, and personal representatives in navigating these notice requirements and avoiding issues that can delay a probate case.

Who Must Receive Notice During California Probate

Under the California Probate Code, the personal representative, either an executor named in the will or an administrator appointed when there is no will, must give notice to:

  • All heirs under California’s intestate succession laws

  • All beneficiaries named in the will

  • All alternate executors or administrators

  • Any other individuals entitled to notice under Probate Code §8110

The rules apply whether the estate is straightforward or contested.

What the Probate Notice Must Include

The required notice is typically sent using Judicial Council Form DE-121 (Notice of Petition to Administer Estate). It must contain:

  • The hearing date

  • The hearing time

  • The courthouse address

  • The name of the person seeking appointment as a personal representative

  • A summary of the petition

California courts will not move forward until proof of proper notice is filed.

How to Identify the Correct Heirs

If the decedent did not leave a will, the personal representative must determine the lawful heirs by reviewing California’s intestate succession laws (Probate Code §§6400–6414). This may include:

  • Spouse

  • Children

  • Grandchildren

  • Parents

  • Siblings

  • Nieces/nephews

If family relationships are unclear, or if the executor cannot locate an heir, the court may require additional steps such as genealogical research or publication notice.

What Happens When There Are No Heirs

If an estate has no identifiable heirs, the assets may pass to the State of California through the escheat process. This is rare, but it underscores the importance of carefully confirming whether heirs exist before moving forward.

Tips for Sending Probate Notices Properly

To help ensure compliance with California law:

  1. Send notices in writing using Form DE-121.

  2. Mail notices at least 15 days before the hearing, as required by Probate Code §8110.

  3. Use certified mail or another method that provides proof the notice was sent.

  4. File the Proof of Service with the court before the hearing.

  5. Document all attempts to locate missing heirs to avoid delays or legal challenges.

These steps help prevent objections, continuances, or disputes later in the probate process.

Related Resources

FAQ

What form is used to give notice to heirs in California probate?

Most personal representatives use Form DE-121 (Notice of Petition to Administer Estate).

How far in advance must the notice be mailed?

At least 15 days before the hearing, per Probate Code §8110.

Do heirs always receive notice, even if they’re not named in the will?

Yes. California requires notice to heirs at law, even when the will excludes them.

What if an heir cannot be found?

The court may require additional steps, such as publishing a notice or conducting genealogical research.

How The Grossman Law Firm Can Help

If you’re dealing with probate issues or you believe your rights as an heir or beneficiary are at risk, you don’t have to navigate this process on your own. The Grossman Law Firm focuses exclusively on California probate and trust litigation, and Attorney Scott Grossman has spent more than two decades helping clients resolve the exact problems you’re facing.

Whether you need guidance on notices, delays, disputes, or enforcing your rights in court, our team is prepared to evaluate your situation and outline your next steps.

Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can assess your case at no cost. Qualifying matters will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.

Originally Published Sep 15, 2016