Who Is Entitled to Notice of Trust Proceedings?
This post deals with notice of trust proceedings pursuant to California Probate Code Section 17200 (proceedings relating to the internal affairs of a trust) – for information about notice in other proceedings, please contact our offices or another experienced attorney or law office.
WHO MUST BE GIVEN NOTICE OF A PETITION UNDER CALIFORNIA PROBATE CODE §17200?
When someone files a petition with the California Probate Court seeking a determination or instructions about the internal affairs of a trust, official notice of the petition must be delivered by mail, e-mail, or personal service to:
- All trustees of the trust
- All beneficiaries of the trust (unless a very narrow exemption applies)
- (For certain kinds of charitable trusts,) the California Attorney General
- Other persons or entities affected by the petition
These categories of persons entitled to notice are construed broadly, in order to ensure due process of law. Specifically, anyone whose interests in property could be adversely affected by the proceedings (or the court’s decision) is entitled to receive official notice and a chance to be heard, as long as the person (or entity) can be reasonably ascertained and their address is known or capable of being learned through reasonable efforts.
WHAT IF THE PERSON ENTITLED TO NOTICE IS DECEASED?
If a person to whom notice of the proceedings should be given is deceased, the notice should be given to the personal representative/executor of the deceased person’s estate, if one has been appointed. If no executor/personal representative has been appointed, notice should be given to:
- The person or entity to whom the deceased person’s rights have passed by law or court order (if any); or, if no such person exists,
- To each of the deceased person’s heirs and beneficiaries, the named executors of the deceased person’s will, and/or
- Persons serving as a guardian or conservator of the deceased at the time of his or her death.
If none of these persons exist or can be found, the person obligated to give the notice should consult a lawyer promptly; if necessary, a lawyer also can file a motion with the court to obtain instructions, or make a request for alternative forms of notice, where appropriate.
WHAT MUST THE NOTICE CONTAIN?
Official notice of a petition relating to the internal affairs of a trust must contain:
- A copy of the entire petition (including exhibits and attachments)
- An official “notice of hearing” stating when and where the hearing on the matter will be held
- Contact information for the person filing the petition (or his or her lawyer, which is more common)
- Any other information required by law
If you believe you were entitled to notice of trust proceedings, but did not receive it, or if you intend to file trust proceedings and want to make sure you comply with your legal obligations, contact an experienced lawyer immediately for an evaluation, and to discuss your rights and duties.
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Disclaimer: THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR OR ROSS LAW AND ANY PERSON. Your legal rights and experiences may vary. Never use an online article (including this one) to evaluate your legal rights or claims. Consult an experienced attorney promptly to obtain a personalized evaluation of your claims, potential damages, and the various legal rights and options available to you.
You may lose or compromise your rights if you delay in consulting legal counsel. Most legal claims (and defenses), as well as legal and court procedures, are complicated and fact-dependent. If you believe you have a claim against someone who injured you, a lawyer who represented you in a previous lawsuit, or any other legal claim, consult an experienced lawyer immediately for an evaluation of your individual rights and claims.
