Sample Waiver of Notice for California Probate

A Waiver of Notice is a useful tool when administering a probate procedure. In a typical probate procedure, several parties are required to receive notice in order for a hearing to be properly conducted. Failure to give notice can result in a probate hearing being continued (delayed) until proper notice is given.

Normally, notice is required to be served to interested parties at least 15 days prior to the hearing date. Probate hearings that require notice include:

  1. Initial Petition for Probate
  2. Petition for Proposed Actions in IAEA is not given
  3. Inventory & Appraisal
  4. Accounting of Estate
  5. Petition for Final Distribution and several others.
In the event that a hearing date for a petition is fast approaching and it has been discovered that an interested party has not properly received notice, a waiver of notice can be filed to satisfy the notice requirement and allow the hearing to proceed without delay. 
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Defects in Notice are often discovered after review of probate notes. Because probate notes are often available only 3 to 4 days before the Hearing Date, serving interested parties with a convention notice (proof of service) is impossible as it is within the 15 day window required for notice. Thus the solution is to have the interested party who has not been properly served to sign a Waiver of Notice and bring that document to show/file with the court on the Hearing Date.
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To download a copy of a Sample Waiver of Notice for California Probate, click here. Please note that this document has been formated for Los Angeles County, but should work in all counties in California – Just remember to change the County name from Los Angeles to your county.
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Name
Address
Telephone of Attorney or Party without Attorney
State Bar
Case Number
Hearing Date
Department
Time
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Attorney For (Name):
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
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Courthouse Address:
111 North Hill Street
Los Angeles, CA 91202
Probate Division – Central
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Matter of: (Enter Party’s Name)
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Pick One: -Decedent  or  -Conservatee  or  -Minor  or  -Trust/Other
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WAIVER OF NOTICE
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The undersigned hereby waiver notice of the hearing on the petition for: (enter title of petition) filed herein by: (enter name of petitioner) and scheduled to be heard by this court on (enter date) at (enter time) in Department (enter department).
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Executed at: (enter city and state) on (enter date).
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_____________________
(signature of party waiving notice)
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_____________________
(typed or printed name of party waiving notice)
Once completed, this waiver can be filed with the court prior to the hearing date, or filed/shown to the Judge on the date of the hearing to suffice for the notice requirement for the interested party.

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