Notices to Send to Heirs and Interested Persons When Opening Probate in California

Short answer: When you open probate in California you must notify all “interested persons” (heirs, beneficiaries, and others with a stake in the estate) about the petition and the probate hearing. You must also publish and mail notices to notify unknown or unlocated heirs and to notify creditors. You will file proofs of service and publication with the court. This article explains the typical notices, how to serve them, and practical tips for getting it right. This is educational information only and not legal advice.

Who needs notice?

California law requires notice to the people who have a legal interest in the estate. These typically include:

The surviving spouse or domestic partner.
Children and descendants.
Named beneficiaries under the will (devisees) and their attorneys (if any).
Persons who would inherit if there were no valid will (heirs at law).
Any person who has filed a written request for special notice.

Types of notices you will commonly use

Most probate cases use a combination of the notices below:

Notice of Petition to Administer the Estate (notice of petition and hearing):

This notice informs interested persons that someone has filed a petition to open probate, describes the petition, and gives the date, time, and place of the hearing. The petitioner must serve this notice on all interested persons so they can appear at the hearing or object.
Notice to Creditors (published and mailed):

To protect the estate from late claims, the personal representative (executor/administrator) usually must publish a notice to creditors in a newspaper and mail notice to known creditors. Publication gives creditors the time period in which to present claims against the estate. You will file a proof of publication with the court.
Notice by Publication (for unknown or unlocated heirs):

If an heir or other interested person cannot be located after reasonable effort, the court allows notice by publication in a local newspaper and, sometimes, additional steps like posting. Publication is also used to reach unknown creditors. Publication is a supplemental method and only appropriate when personal or mailed notice is not possible.
Special Notice Requests and Supplemental Notices:

Certain persons may have requested special notice, or the court may require supplemental notice later in the case (for example, before asset sales or accountings).

How to serve notice (practical steps)

Prepare a complete mailing list of every interested person. Include full names, last known addresses, phone numbers, and relationship to the decedent.
Serve the Notice of Petition to Administer the Estate by mail (usually first-class) to all interested persons. For persons in the county, the court may require personal service in some situations.
For persons who cannot be located after a reasonable search, publish the notice in a newspaper of general circulation in the county where probate is opened. Keep proof of publication.
Mail or personally deliver the Notice to Creditors to any known creditors. Publish the statutory creditor notice in the local paper for the required number of issues/days.
File proofs of mailing, personal service, and publication with the probate court before or shortly after the hearing, as the clerk’s instructions and local rules require.

Timing and deadlines (what to watch for)

The precise deadlines and required time periods depend on the specific type of notice and the court’s hearing schedule. Important timing issues to watch:

When the petition is set for hearing, the court will expect you to send notice in enough time for recipients to receive it and appear. Follow the court’s local rules for minimum mailing/service days before the hearing.
Creditors generally have a limited time to file claims after notice is first published or mailed. If you publish notice to creditors, the estate’s claims period is strictly limited; missing it can bar claims or expose the personal representative to liability.
File proofs of service and proofs of publication promptly so the court can proceed without delay.

What to file with the court

After giving notice, you will normally file the following with the probate court:

The original petition to open probate (filed when you start the case).
Proof(s) of service of the Notice of Petition to Administer the Estate (mailing or personal service declarations).
Affidavit or declaration of publication for any published notices, with publisher’s sworn statement.
Proof of mailing to known creditors and any creditor claims received (if applicable).

Where to look for official forms and rules

Use the Judicial Council and California Courts resources for official forms and clear instructions. Helpful official resources include:

California Courts — Probate self-help and general probate information: https://www.courts.ca.gov/selfhelp-probate.htm
Judicial Council forms and instructions (search the probate forms section): https://www.courts.ca.gov/forms.htm?filter=probate
Official California Probate Code (table of contents and specific sections): https://leginfo.legislature.ca.gov/faces/codes.xhtml?tocCode=PRB

Helpful Hints

Start early. Identifying heirs and preparing accurate notices takes time. Begin the heir search before the hearing date is set.
Use certified mail with return receipt when possible for important notices; keep copies of receipts and envelopes.
Keep a written record of your search for missing heirs (addresses checked, relatives contacted, online searches). Courts expect reasonable efforts.
Check local court rules. Counties sometimes have local requirements for notice timelines and methods.
When in doubt, file additional proof (affidavits, declarations) showing you attempted to give notice—courts appreciate documentation.
Watch creditor deadlines carefully. Publishing the Notice to Creditors starts time limits that can bar late claims.
If the estate has out-of-state heirs, consider mail plus courier and keep careful proof of service across jurisdictions.
Consider consulting a probate attorney if there are many heirs, contested heirs, missing heirs, complex assets, or potential creditor claims.

Common mistakes to avoid

Failing to serve everyone who qualifies as an “interested person.”
Relying only on publication when you could reasonably find an address for service by mail.
Missing the creditor-claim publication window and other procedural deadlines.
Failing to file proofs of service and publication with the court on time.

Next steps if you can’t find an heir

If you cannot locate an heir after reasonable effort, document your search and ask the court for permission to give notice by publication (and any other alternative methods the court allows). The court can authorize substitute service methods designed to provide fair notice when direct notice is impossible.

Final note and disclaimer

This article summarizes common notice requirements when opening a probate in California and points you to official resources. Probate rules can be technical and local courts can have additional requirements. This is general information only and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed California probate attorney.