SECTIONS 3130-3131 - California Statutes

PROBATE CODE

SECTION 3130-3131

3130. (a) Except as provided in subdivision (b), upon the filing of
the petition, the clerk shall issue a citation to each
nonpetitioning spouse alleged to lack legal capacity for the proposed
transaction, setting forth the time and place of hearing. The
citation and a copy of the petition shall be served upon the spouse
at least 15 days before the hearing.
(b) Unless the court otherwise orders, if a spouse alleged to lack
legal capacity for the proposed transaction has a conservator, no
citation to the spouse need be issued, and the petitioner shall cause
a notice of the time and place of the hearing on the petition,
accompanied by a copy of the petition, to be served on the
conservator at least 15 days before the hearing.
(c) Service under this section shall be made in the manner
provided in Section 415.10 or 415.30 of the Code of Civil Procedure
or in such other manner as may be authorized by the court. If the
person to be served is outside this state, service may also be made
in the manner provided in Section 415.40 of the Code of Civil
Procedure.

3131. (a) At least 15 days before the hearing on the petition, the
petitioner shall cause a notice of the time and place of the hearing
and a copy of the petition to be served upon any nonpetitioning
spouse not alleged to lack legal capacity for the proposed
transaction.
(b) Service under subdivision (a) shall be made in the manner
provided in Section 415.10 or 415.30 of the Code of Civil Procedure
or in such other manner as may be authorized by the court. If the
person to be served is outside this state, service may also be made
in the manner provided in Section 415.40 of the Code of Civil
Procedure.
(c) At least 15 days before the hearing on the petition, the
petitioner shall mail a notice of the time and place of the hearing
on the petition to those persons required to be named in the petition
at the addresses set forth in the petition.