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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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Which "PROOF OF SERVICE by MAIL" form do I use in

Customer Question

Which "PROOF OF SERVICE by MAIL" form do I use in an Estate Case (not conversavtorship)?
Submitted: 9 months ago.
Category: Estate Law
Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you tonight.

Here you go its DE-120(P)

http://www.courts.ca.gov/documents/de120p.pdf

This reflects that the person personally served them with a petition or similar probate document.You get the clerk here to make up the service, the person serves them and then completes the form and files it in court file.That meets the requirements of California law

I appreciate the chance to help you tonight.Thanks again.

Customer: replied 9 months ago.
What about SERVICE BY MAIL?
Expert:  RayAnswers replied 9 months ago.

Then you use this form here,

http://www.courts.ca.gov/documents/de120ma.pdf

Thanks again.

Expert:  RayAnswers replied 9 months ago.

Personal service here for Summons, Complaints,

Orders to Show Cause, Ex Parte Motions, or Restraining Orders.

Case-initiating probate documents

generally require Personal Service.Answers, motions service by mail.

Expert:  RayAnswers replied 9 months ago.

Who should get notice of the Petition for Probate?

  • Persons entitled to notice:
    All persons or entities (such as churches or other charities) named in the Will, including each person or corporation nominated as executor, and all persons who would be entitled to inherit as heirs by intestate succession (even if the decedent left a Will) are entitled to receive notice of the Petition for Probate.
Customer: replied 9 months ago.
Thank one only has the address list. Do I use Page 1 of the first form with it?
Expert:  RayAnswers replied 9 months ago.

Yes sorry, thanks for letting me clarify here.

Customer: replied 9 months ago.
on the left side of DE-120(P), what do I put down for time & date? My process server (my friend) is just dropping them in the mail box.
Expert:  RayAnswers replied 9 months ago.

Not a good idea, if you are serving by mail you send certified so you have proof and you complete the affidavit here when you get green card back and use those dates.If you do it in person you have to hand it to them and then they complete the form.Critical you do it right.

Thanks for letting me help again here and good luck.

Expert:  RayAnswers replied 9 months ago.

If you can positive rate it is always much appreciated.

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