Legal Question in Wills and Trusts in California
I am Pro Per in California Probate court - Notice of Hearing for an Amended 17200 Petition on 02/25/2013 all required parties were personally served, by process servers the Proof of service forms were filed with the court. Then 24 hours prior to the 05/02/2013 hearing case notes are posted "Not ready for Hearing" because a separate notice of hearing was not mailed. a) Is the mandatory DE-120 they are referring to or some other notice of hearing form? b) Is a different Notice of hearing form required for an 850 Petition personally served? c) Once a new hearing date is established by the court can the required "Notice of Hearing" form be served without including the actual Petition which was properly served? d) Is their a statutory time limitation between the petition is served and the actual date of the hearing?
1 Answer from Attorneys
Probate Notes 24-48 hours before the hearing are typical.
Yes, the Notice of Hearing is form DE-120.
Ask the court at the hearing for a continuance and new hearing date, so that you can serve the Notice of Hearing. If the court does not give you a new date, then you will need to get one from the Probate clerk. Those dates will automatically comply with the statutory time limitations. Per Probate Code 17203, notice of the hearing must be at least 30 days before the actual hearing date.
Without knowing what happens at the hearing, and without seeing your petition, it is not possible to say whether you must re-serve the petition. You may be able to mark the Notice of Hearing with the continued hearing date, but still make it clear that the hearing is on the petition that you originally filed, so as to avoid re-service.
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