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Probate Frequently Asked Questions
How do I publish the Notice of Petition to Administer Estate? (for California)
Time and manner of publication:
A copy of the Notice of Petition to Administer Estate must be published three times in the legal notice section of a newspaper of general circulation in the city where the decedent resided, with at least five days between the first and last publication (not counting the publication dates). The first publication date must be at least 15 days prior to the hearing.
It is very important to publish the Notice of Petition to Administer Estate in the proper newspaper since the cost of publication is expensive and may be several hundred dollars. If the city where the decedent resided publishes a qualified newspaper, that newspaper must be used, even if other newspapers are also sold or distributed within the city (such as the San Jose Mercury News) and the decedent never read the designated newspaper.
See Attachment PB-4000 of the Local Probate Rules for a list of approved newspapers for Santa Clara County with phone numbers, publishing deadlines and estimated fees. Most newspapers will require payment in advance.
You must contact the newspaper and provide them with a copy of the Notice of Petition to Administer Estate. Pay close attention to the publishing schedule and deadlines so that the publication can be completed within the time required by law, especially if the newspaper is published only once a week! Make sure the front side of the Notice has been completely filled out. Missing or incorrect information could result in defective publication and extra cost to have the Notice re-published.
After publication has been completed, an Affidavit of Publication must be filed with the court. Ask the newspaper whether it will file the Affidavit directly with the court or send it to you. Remember, it is your responsibility to make sure that the Affidavit is filed, even if the newspaper says they will do it for you.