Notice Of Hearing On Petition To Determine Claim To Property

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Notice Of Hearing On Petition To Determine Claim To Property is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

A person who made a claim to property that is in an estate or a trust or that will be distributed by a guardianship or conservatorship uses this to tell all interested persons about the date, time, and place of a hearing relating to that claim. Also tells those receiving the notice what might happen if they do not come to the hearing or respond to the claim.

Atticus Fast Facts About Notice Of Hearing On Petition To Determine Claim To Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Notice Of Hearing On Petition To Determine Claim To Property:

• This form pertains to the State of California

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about California’s Form DE-115 - Notice Of Hearing On Petition To Determine Claim To Property up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form DE-115, take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form DE-115 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form DE-115 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Notice Of Hearing On Petition To Determine Claim To Property to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit DE-115 as quickly as possible:

1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form DE-115, and when in doubt— consult a qualified trust & estates lawyer for that area.

Notice Of Hearing On Petition To Determine Claim To Property is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form DE-115 - Notice Of Hearing On Petition To Determine Claim To Property f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Notice Of Hearing On Petition To Determine Claim To Property is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on California Form DE-115 - Notice Of Hearing On Petition To Determine Claim To Property. You can use this to get an idea of the context of the form and what type of information is needed.

3. Form Adopted for Mandatory Use Judicial Council of California DE-115/GC-015 [New January 1, 2020] Probate Code, §§ 851, 1215, 1220, 1460, 17203 www.courts.ca.gov Page 1 of 2 NOTICE is given that (name): DE-115/GC-015 STATE BAR NUMBER:___________________________ STATE:_________ZIP CODE: ___________________ FAX NO.:______________________________________ ATTORNEY OR PARTY WITHOUT ATTORNEY NAME: ___________________________________________________________________________________________________ FIRM NAME: ______________________________________________________________________________________________ STREET ADDRESS: _______________________________________________________________________________________ CITY: _____________________________________________________ TELEPHONE NO.: __________________________________________ EMAIL ADDRESS: __________________________________________________________________________________________ ATTORNEY FOR (name): ____________________________________________________________________________________ SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: NOTICE OF HEARING ON PETITION TO DETERMINE CLAIM TO PROPERTY FOR COURT USE ONLY CASE NUMBER: DECEDENTCONSERVATEEMINORTRUST IN THE MATTER OF (name): ESTATE OF (name): A petition has been filed asking the court to determine a claim to the property identified in 3, and a hearing on the petition has been set. Please refer to the petition for more information. If you have a claim to the property described in 3, you may attend the hearing and object or respond to the petition. If you do not want to attend the hearing, you may also file a written response before the hearing. If you do not respond to the petition or attend the hearing, the court may make orders affecting ownership of the property without your input. 1. (fiduciary or representative capacity, if any): Requests for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk's office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (form MC-410 ). (Civ. Code, § 54.8.) under Probate Code section 850 asking for a court order determining a claim or claims to the property described in 3. 4. 2.A HEARING on the petition will be held as follows: Date:Time: Room:Dept.: Hearing Date Name and address of court if different from above: NOTICE OF HEARING ON PETITION TO DETERMINE CLAIM TO PROPERTY The property that is the subject of the petition is (describe each item of real or personal property; for real property—i.e., land or buildings—give the street address or, if none, describe the property's location and give the assessor's parcel number): Check 4 only if the petition seeks the additional relief described. In addition to seeking to recover the property described in 3, the petition also alleges and seeks relief for bad faith conduct, undue influence in bad faith, or elder or dependent adult financial abuse. The petition describes these allegations in detail. Based on the allegations, the petition seeks to recover twice the value of the property described in 3 and requests that the court award attorney's fees and costs to the petitioner. (Prob. Code, § 859.) Continued on Attachment 3. has filed a petition entitled (state complete title): DECEDENTCONSERVATEEMINORTRUST IN THE MATTER OF (name): ESTATE OF (name): CASE NUMBER: DE-115/GC-015 [New January 1, 2020] NOTICE OF HEARING ON PETITION TO DETERMINE CLAIM TO PROPERTY Page 2 of 2 PROOF OF SERVICE BY MAIL* 1.I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. 2. My residence or business address is (specify): 3. I served the foregoing Notice of Hearing on Petition to Determine Claim to Property on each person named below by enclosing a copy in an envelope addressed as shown below AND a. b. depositing the sealed envelope on the date and at the place shown in item 4 with the U.S. Postal Service with the postage fully prepaid. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service in a sealed envelope with postage fully prepaid. 4.a.Date mailed: b. Place mailed (city, state): 5. I served with the Notice of Hearing on Petition to Determine Claim to Property a copy of the petition referred to in the Notice. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (SIGNATURE) Date: (TYPE OR PRINT NAME) NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED 1. 2. 3. 4. 5. * Do not use this form to prove personal or electronic service. You may use form DE-120(P) or GC-020(P) to prove personal service. Continued on an attachment. (You may use Attachment to Notice of Hearing Proof of Service by Mail, form DE-120(MA)/GC-020(MA), for this purpose.) Name Address (street & number, city, state, zip code) 6. DE-115/GC-015 Print this formSave this formClear this form For your protection and privacy, please press the Clear This Form button after you have printed the form.