Can I Send Written Notice To Several Parties At the Same Address, With Only One Written Notice?

Sending Notice of a Hearing in Probate Court

Sometimes the simplest processes in Probate Law can be downright complicated.  Take, for instance, Notice.  What is Notice?  By definition in “The Law Dictionary”, notice is:

“A legal notification or warning that is delivered in a written format or through a formal announcement. An individual or party is considered liable if the party (1) has knowledge of the notice, (2) received the notice, (3) knows it through experience, (4) has knowledge with regards to an associate fact and (5) could have gained knowledge had an enquiry been undertaken.”

When filing a Petition to administer a probate, or Petition for Guardianship of a Person or Estate, or Petition for Conservatorship of a Person or Estate, the moving party (the party filing the Petition) must serve written “Notice” on the relatives, issue, and other interested parties not less than sixteen (16) days before the date of the first hearing.  

In some cases, more than one recipient of Notice may be living at the same address.  Petitioners may believe it acceptable simply to send one Notice of a court hearing to that address, instead of to each individual living at that address.  Under California Law, is this acceptable Notice?

The answer, quite simply, is a resounding “NO”.  

Under California Rules of Court, Rule 7.51(a)(3), Service of Notice of hearing requires:
“Notices mailed to more than one person in the same household must be sent separately to each person.”

If you choose to mail a notice to more than one person living at the same address, and the one written notice has an envelope listing more than one recipient, this is not good enough.  “Cutting corners” and choosing to serve notice in this manner can delay your hearing, and be slightly embarrassing to either the party, or sometimes the attorney who ignores this rule (and yes, attorneys do run afoul on this rule!).

Don’t cut corners.  Each party that deserves direct notice must receive their own separate written notice.  

Should you have any questions about Notice, or any other probate matter, please call me today to discuss.