Publish a Petition to Probate Estate

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General Information

How do I publish my Petition to Probate Estate? In California, you are required to publish notice of your Petition for Probate (specifically, the "Notice of Petition to Administer Estate") to provide public notification of the probate proceeding, thereby allowing potential heirs, beneficiaries, creditors, and other interested parties an opportunity to learn of the decedent's death, the filing of the petition, and the upcoming hearing date so they can appear, assert their rights, or file claims against the estate. This publication ensures due process, promotes transparency in the administration of the estate, and helps prevent fraud or disputes by making the process accessible to those who may not receive personal service. The requirement applies in addition to mailing notice to known heirs and devisees, and it must occur three times in a newspaper of general circulation in the city where the decedent resided (or where the property is located if the decedent was a nonresident), with at least five days between the first and last publication dates (not counting those dates), and the first publication at least 15 days before the hearing. An affidavit of publication from the newspaper must then be filed with the court as proof. The governing statutes are California Probate Code §§ 8120–8125 (Article 3, requiring publication for petitions for administration of a decedent's estate), with specific procedural details in §§ 8121 (manner and newspaper requirements) and 8122 (timing and frequency of publications).