SECTIONS 19040-19041 - California Statutes

PROBATE CODE

SECTION 19040-19041

19040. (a) Publication of notice pursuant to this section shall be
for at least 15 days. Three publications in a newspaper published
once a week or more often, with at least five days intervening
between the first and last publication dates, not counting the first
and last publication dates as part of the five-day period, are
sufficient. Notice shall be published in a newspaper of general
circulation in the city, county, or city and county in this state
where the deceased settlor resided at the time of death, or if none,
in the city, county, or city and county in this state wherein trust
property was located at the time of the settlor's death, or if none,
in the city, county, or city and county in this state wherein the
principal place of administration of the trust was located at the
time of the settlor's death. If there is no newspaper of general
circulation published in the applicable city, county, or city and
county, notice shall be published in a newspaper of general
circulation published in this state nearest to the applicable city,
county, or city and county seat, and which is circulated within the
applicable city, county, or city and county. If there is no such
newspaper, notice shall be given in written or printed form, posted
at three of the most public places within the community. For purposes
of this section, "city" means a charter city as defined in Section
34101 of the Government Code or a general law city as defined in
Section 34102 of the Government Code.
(b) The caption of the notice, the deceased settlor's name, and
the name of the trustee shall be in at least 8-point type, the text
of the notice shall be in at least 7-point type, and the notice shall
state substantially as follows:

NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________

Notice is hereby given to the creditors and contingent creditors
of the above-named decedent, that all persons having claims against
the decedent are required to file them with the Superior Court, at
_______, and mail a copy to _____, as trustee of the trust dated ____
wherein the decedent was the settlor, at _____, within the later of
four months after ____ (the date of the first publication of notice
to creditors) or, if notice is mailed or personally delivered to you,
60 days after the date this notice is mailed or personally delivered
to you. A claim form may be obtained from the court clerk. For your
protection, you are encouraged to file your claim by certified mail,
with return receipt requested.

(name
and
address
of
trustee
or
attorney)

(c) An affidavit showing due publication of notice shall be filed
with the clerk upon completion of the publication. The affidavit
shall contain a copy of the notice, and state the date of its first
publication.

19041. The Legislature finds and declares that to be most
effective, notice to creditors should be published in compliance with
the procedures specified in Section 19040. However, the Legislature
recognizes the possibility that in unusual cases due to confusion
over jurisdictional boundaries or oversights the notice may
inadvertently be published in a newspaper which does not meet these
requirements. Therefore, to prevent a minor error in publication from
invalidating what would otherwise be a proper proceeding, the
Legislature further finds and declares that notice published in a
good faith attempt to comply with Section 19040 shall be sufficient
to provide notice to creditors and establish jurisdiction if the
court expressly finds that the notice was published in a newspaper of
general circulation published within the city, county, or city and
county and widely circulated within a true cross section of the
community in which the deceased settlor resided or wherein the
principal place of administration of the trust was located or the
property was located in substantial compliance with Section 19040.