SECTIONS 8120-8125 - California Statutes

PROBATE CODE

SECTION 8120-8125

8120. In addition to service of the notice of hearing as provided
in Article 2 (commencing with Section 8110), notice of hearing of a
petition for administration of a decedent's estate shall also be
published before the hearing in the manner provided in this article.

8121. (a) The first publication date of the notice shall be at
least 15 days before the hearing. 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 publication dates, are sufficient.
(b) Notice shall be published in a newspaper of general
circulation in the city where the decedent resided at the time of
death, or where the decedent's property is located if the court has
jurisdiction under Section 7052. If there is no such newspaper, or if
the decedent did not reside in a city, or if the property is not
located in a city, then notice shall be published in a newspaper of
general circulation in the county which is circulated within the area
of the county in which the decedent resided or the property is
located. If there is no such newspaper, notice shall be published in
a newspaper of general circulation published in this state nearest to
the county seat of the county in which the decedent resided or the
property is located, and which is circulated within the area of the
county in which the decedent resided or the property is located.
(c) 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.

8122. The Legislature finds and declares that, to be most
effective, notice of hearing should be published in compliance with
Section 8121. However, the Legislature recognizes the possibility
that in unusual cases due to confusion over jurisdictional boundaries
or oversight such notice may inadvertently be published in a
newspaper that does not satisfy Section 8121. 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 8121
is sufficient to provide notice of hearing and to establish
jurisdiction if the court expressly finds that the notice was
published in a newspaper of general circulation published within the
county and widely circulated within a true cross-section of the area
of the county in which the decedent resided or the property was
located in substantial compliance with Section 8121.

8123. The caption of a notice under this article shall be in
8-point type or larger and the text shall be in 7-point type or
larger.

8124. A petition for administration of a decedent's estate shall
not be heard by the court unless an affidavit showing due publication
of the notice of hearing has been filed with the court. The
affidavit shall contain a copy of the notice and state the date of
its publication.

8125. Notwithstanding Section 8100, after the notice of hearing is
published and an affidavit filed, any subsequent publication of the
notice ordered by the court may omit the information for creditors
and contingent creditors.