Beneficiaries Residing in Another Country
When you are the administrator of an estate in California you are required to provide notice of administration to all heirs and/or relatives of the decedent regardless of where they reside. If any of these persons who are entitled to formal notice of the petition for probate lives in another country, there are additional provisions of the probate code that apply and additional steps that you must take in order to provide the legally required notice of the petition to administer the estate. The court will not appoint you as an executor and/or administrator unless proper legal notice is provided as set forth below.
The following are the Probate Code Sections which apply to general notice, manner of giving notice and notice when a person required to be notified is a resident of a foreign country.
Notice of Hearing - Cal Prob Code § 1206 Notice to known heirs or devisees
(a) Subject to subdivision (b), where notice is required to be given to known heirs or known devisees, notice shall be given to the following persons:
(1) If the estate is an intestate estate, to the heirs named in the petition for letters of administration and to any additional heirs who become known to the person giving the notice prior to the giving of the notice.
(2) If the estate is a testate estate, to the devisees named in the petition for probate of the will and to any additional devisees who become known to the person giving the notice prior to the giving of the notice.
(b) Notice need not be given to a person under subdivision (a) if the person’s interest has been satisfied pursuant to court order or as evidenced by the person’s written receipt.
(See Also)
Manner of Giving Notice of Hearing - Cal Prob Code § 1220 General manner of delivering notice of hearing
(a) If notice of hearing is required to be given as provided in this section:
(1) At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice.
(2) Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following:
(A) The personal representative.
(B) All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3) Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the person’s place of business, place of residence, or electronic address.
(b) Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c) The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
(See Also)
Beneficiaries Residing in Another Country Cal Prob Code § 8113 Notice involving foreign citizen
If a citizen of a foreign country dies without leaving a will or leaves a will without naming an executor, or if it appears that property will pass to a citizen of a foreign country, notice shall be given to a recognized diplomatic or consular official of the foreign country maintaining an office in the United States.
(See Also)
Have Questions On Beneficiaries Residing in Another Country?
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