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HomeProbate CodeDiv. 3Pt. 2Ch. 1§ 1207 Notice Exceptions For Heirs

§ 1207 Notice Exceptions For Heirs

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1207 Notice Exceptions For Heirs

This law says you don’t have to give legal notice to a stepchild or foster child who might inherit, unless the person sending the notice actually knows they have that parent‑child relationship.

Key Takeaways

  • •Notice to heirs isn’t required for step‑children or foster children if the notice‑giver doesn’t actually know the relationship exists.
  • •If the notice‑giver does have actual knowledge of the step‑ or foster‑parent relationship, the exemption does NOT apply and notice must be given.
  • •The rule only applies when the law says notice must be given to the decedent’s beneficiaries, devisees, or heirs.

Example

Jane is handling her late mother’s estate. The will says all "children" must be notified. Jane’s mother had a step‑daughter, Lily, but Jane never knew if Lily was legally a step‑child. Because Jane doesn’t actually know the step‑child relationship, she can skip sending Lily notice.

Since Jane has no actual knowledge that Lily is a step‑child (or foster child) of the decedent, the law lets her not give Lily the required notice. If Jane did know Lily was a step‑child, she would have to send notice.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1207 Notice Exceptions For Heirs

(a) Subject to subdivision (b), where notice is required to be given to a decedent’s beneficiaries, devisees, or heirs, notice need not be given to a person who, because of a possible parent-child relationship between a stepchild and a stepparent or between a foster child and a foster parent, may be (1) an heir of the decedent or (2) a member of a class to which a devise is made. (b) Subdivision (a) does not apply where the person required to give the notice has actual knowledge of facts that a person would reasonably believe give rise under Section 6454 to the parent-child relationship between the stepchild and the stepparent or between the foster child and the foster parent. (Amended by Stats. 1993, Ch. 529, Sec. 1. Effective January 1, 1994.)

Last verified: January 11, 2026

Key Terms

beneficiariesdeviseesheirsparent-child relationshipstepchildstepparentfoster childfoster parentSection 6454

Related Statutes

  • § 1000 Probate Proceedings Civil Rules
  • § 1001 Judicial Council Rulemaking Authority
  • § 1002 Court Discretion On Costs
  • § 1003 Guardian Ad Litem Appointment
  • § 1003.5 Public Guardian Appointment Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1207.
View Official Source