Prob. Code, § 851 · Part 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON
Prob. Code, § 851
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable:
(1) The personal representative, conservator, guardian, or trustee as appropriate.
(2) Each person claiming an interest in, or having title to or possession of, the property.
(b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of the petition, shall be given as provided in Section 1220 if the matter concerns a decedent estate, as provided in Section 1460 if the matter concerns a conservatorship or guardianship, or as provided in Section 17203 if the matter concerns a trust to all of the following persons:
(1) Each person listed in Section 1220 along with any heir or devisee whose interest in the property may be affected by the petition if the matter concerns a decedent estate.
(2) Each person listed in Section 1460 if the matter concerns a conservatorship or guardianship.
(3) Each person listed in Section 17203 if the matter concerns a trust.
(c) A notice of hearing shall contain all of the following:
(1) A description of the subject property sufficient to provide adequate notice to any party who may have an interest in the property. For real property, the notice shall state the street address or, if none, a description of the property’s location and assessor’s parcel number.
(2) If the petition seeks relief pursuant to Section 859, a description of the relief sought sufficient to provide adequate notice to the party against whom that relief is requested.
(3) A statement advising any person interested in the property that he or she may file a response to the petition.
(d) The court may not shorten the time for giving the notice of hearing under this section.
Notes and commentary — not statutory text
History
Amended by Stats. 2017, Ch. 32, Sec. 1. (AB 308) Effective January 1, 2018.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=851.
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- sha256 6e310c71bb0cd8985b398891f6499824221ba910235d8ecc4cfffda287416577
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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