What Are the Notice Requirements for AB 2016 in Los Angeles Probate?

Under California AB 2016, to qualify for simplified probate, you must give formal notice to all interested parties typically heirs, beneficiaries, and creditors using a specific court-approved method. In Los Angeles, this notice must be filed with the court and delivered according to California Probate Code, which includes mailing the petition and a notice of hearing at least 15 days before the court date. Publishing a notice in a legally adjudicated newspaper in the county may also be required.

What is AB 2016 and Why Does It Matter in Los Angeles?

AB 2016 is a California law that streamlines the probate process for small estates. It's especially valuable in Los Angeles, where the real estate market often leads to prolonged and expensive court proceedings. If an estate meets the AB 2016 qualifications, the executor can fast-track the transfer of property but only if proper notice procedures are followed.

Who Needs to Be Notified Under AB 2016?

The following parties must typically be notified:

• All legal heirs (whether or not they are named in a will)

• Named beneficiaries in the will or trust

• Known creditors of the estate

• Any party with a legal interest in the property

How Do You Deliver Notice for AB 2016 in Los Angeles?

Here are the legally required steps to meet AB 2016 notice requirements:

1. Mailing the Petition + Notice of Hearing

• Must be done at least 15 days before the court hearing

• Send to all interested parties listed above

• Use certified mail with return receipt to prove delivery

2. Publishing in a Newspaper

• Required if the decedent died intestate (without a will) or there’s no clear beneficiary

• Must be published in a Los Angeles County court-approved newspaper

• Publish once a week for three consecutive weeks

3. File a Proof of Service

• You must submit proof to the court that all parties were properly notified

• This includes:

  • Signed green cards (from certified mail)

  • Proof of publication affidavit (from the newspaper)

Why This Step is Crucial: Avoid Probate Rejection

If even one notice is missed or improperly served, the judge can deny the AB 2016 petition—which means the estate falls back into full probate, costing the estate thousands and delaying the sale of any property.

Is There a Local Requirement Unique to Los Angeles?

Yes. Los Angeles County courts are especially strict about:

• Using approved publications (not just any local newspaper)

• Filing timely proof of service

• Correctly naming all potential heirs, even estranged or unknown ones

The court clerk may also require verification that no other probate cases exist for the same decedent in other California counties.

What If a Heir Can’t Be Located?

If you cannot locate an heir:

• You must demonstrate a diligent search (include attempts like skip tracing, public records checks, etc.)

• File a Declaration of Due Diligence

• In some cases, the court may approve publication-only notice as a last resort

Can a Realtor Help With This Process?

Yes especially if you’re planning to sell the home after clearing AB 2016. A probate-certified realtor in Los Angeles, like The Borges Real Estate Team, can:

• Coordinate legal notice timelines with your probate attorney

• Recommend local legal publication outlets

• Guide you through the sale process once notice requirements are met

📞 Contact The Borges Real Estate Team for help navigating notice deadlines and preparing the property for a smooth sale under AB 2016.

Summary Table: AB 2016 Notice Requirements

Requirement Description Deadline

Mail notice to parties Certified mail to heirs, ≥15 days pre-hearing

creditors, beneficiaries

Publish notice Court-approved newspaper 3 consecutive weeks

in L.A. County

File proof Green cards + affidavit Before hearing

of publication

Missing heir protocol Declaration of Due Diligence Before hearing

if heir can't be found