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HomeProbate CodeDiv. 3Pt. 2Ch. 1§ 1213 Notice To Surety On Court Bond

§ 1213 Notice To Surety On Court Bond

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

§ 1213 Notice To Surety On Court Bond

This law requires that anyone who starts a court case about a guardian, conservator, or personal representative must send a notice to the surety who posted a bond, and the court must also notify the surety within five days after a removal order.

Key Takeaways

  • •Notice must be given when filing a petition to surcharge, an objection to an account, or a petition/motion about a guardian, conservator, or personal representative.
  • •If the court orders suspension or removal, the petitioner (or the court) must notify the surety within five days.
  • •The notice is sent to the person listed on the surety bond using the process in Section 1215.
  • •No notice is required if the bond covers a guardian, conservator, or personal representative who is not the target of the petition, motion, or order.

Example

A sibling files a petition to remove their parent’s guardian because they think the guardian is mishandling the parent’s money.

The sibling must give written notice to the surety that posted the bond for the guardian, and if the court issues an order to remove the guardian, the court must also notify the surety within five days. The notice is sent according to the rules in Section 1215.

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

Official Source
View on CA.gov

§ 1213 Notice To Surety On Court Bond

(a) The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding: (1) A person who files a petition to surcharge. (2) A person who files an objection to an account. (3) A person who files a petition to suspend or remove a guardian, conservator, or personal representative. (4) An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative. (b) Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order. (c) The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond. (d) Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section. (Amended by Stats. 2017, Ch. 319, Sec. 16. (AB 976) Effective January 1, 2018.)

Last verified: January 11, 2026

Key Terms

petition

Related Statutes

  • § 1201 Notice Exemption For Petitioners
  • § 1211 Notice Of Hearing Form
  • § 1511 Guardian Appointment Notice Requirements
  • § 201 Probate Jurisdiction And Petition
  • § 204 Death Declaration Evidence

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1213.
View Official Source