Global Heirs, Local Rules: California Probate Notice Did Not Require Hague Service in Argentina
California Appellate Court Ruled that Notice of a Probate Hearing Mailed to an Heir in Argentina Complied with State Law and Did Not Require Service under the Hague Service Convention because the Probate Code Requires Only Delivery, Not Formal Service of Process.
We’ve blogged about English to Spanish certified translation services for service of process in Argentina. Yet attorneys who occasionally venture into probate litigation may encounter an unexpected twist unrelated to Spanish certified translation services when an heir lives abroad. A recent appellate decision in California sheds light on an important distinction in California probate law: when does the requirement to deliver notice to an international heir trigger the Hague Service Convention?
The answer is: it doesn’t—at least not when the statute only requires “delivery” rather than “service.” Let’s unpack what this means and why it matters, especially for practitioners who may not regularly work with cross-border estate issues.
The Hague Service Convention: What It Does
The Hague Service Convention, formally titled the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), is an international treaty designed to standardize and streamline the way legal documents are formally served across national borders. If a lawsuit or proceeding requires formal service of process abroad in a civil or commercial matter, the Convention applies—and preempts inconsistent local law. Crucially, the Convention only governs service of process, not all types of notice or document delivery. This detail proved dispositive in a case involving notice of a probate petition mailed to an heir in Argentina.
The Case: A Sister in Argentina and a Will in California
In this case, In re Estate of Tamas, Case No. G057205, 2019 WL 5779882 (Cal.App.4th, Nov. 6, 2019), the decedent, Pierre Tamas, died in 2017. He left a typewritten will, leaving his home to his longtime partner, Karen Brown. Pierre’s only living relative was his sister Ana Tamas, a resident of Argentina.
Brown filed a probate petition and mailed notice of the hearing to Ana Tamas, as required by California Probate Code §§ 8110 and 1215. The court admitted the will to probate and appointed Brown as administrator. Eighteen months later, Ana objected, arguing she never received proper notice under the Hague Service Convention. The trial court agreed and vacated its earlier orders.
But the appellate court reversed, clarifying a critical distinction: notice under California’s Probate Code is not the same as service of process, and thus, the Hague Service Convention did not apply.
Why the Hague Convention Did Not Apply
Article 1 of the Hague Service Convention sets the scope of its application: it governs only documents transmitted for service abroad in civil or commercial matters. Probate matters are indeed civil, but not all civil matters involve service of process.
The Convention’s procedures are mandatory where it applies. If a foreign country has objected to service by mail under Article 10(a) (as Argentina has), then U.S. parties must use the formal Central Authority process or another authorized method. However, Article 10(a) only applies to service—not to mere delivery or notification.
The key question becomes: Was this a matter of service of process or mere delivery of notice?
California Probate Code: Delivery of Notice, Not Service of Process
The California Probate Code clearly distinguishes between “delivery” of notice and formal “service” of documents. In this case, the relevant statute—Probate Code § 8110—requires the petitioner to “deliver notice of the hearing” to heirs. Section 1215 sets out the methods of delivery, including by international mail.
Unlike the Code of Civil Procedure, which governs service of process in litigation and expressly incorporates the Hague Service Convention, the Probate Code does not require personal service for routine notice in estate administration.
Moreover, the function of probate notice is not to assert jurisdiction over an individual (as in litigation), but to notify potentially interested parties about proceedings affecting the estate. These are in rem proceedings, centered on the estate itself—not personal liability or rights against any particular individual.
Due Process and Foreign Heirs
Some may worry that international heirs could be disadvantaged by not receiving personal service. But the due process standard in probate focuses on actual notice to known or reasonably ascertainable parties. Delivery by international mail is specifically contemplated by § 1215 and satisfies due process so long as the mail is properly addressed and sent.
Courts have long recognized that probate proceedings can bind even those who never receive actual notice, provided the statutory procedures were followed. This is grounded in the concept of in rem jurisdiction: the court’s power over the decedent’s property is not dependent on personal jurisdiction over individuals.
In Tulsa Professional Collection Services v. Pope (1988) 485 U.S. 478, the U.S. Supreme Court emphasized that actual notice must be given to known creditors, but that mail service is a reasonably reliable and inexpensive way to do so. That reasoning applies equally to heirs abroad, like Ana Tamas.
Practical Implications for Attorneys
This decision is a valuable reminder to probate counsel—especially those unfamiliar with international law—that not all cross-border communications require formal service through international channels.
Here are a few practice tips:
1. Know When the Hague Service Convention Applies
If your probate matter involves contested litigation—such as a will contest or trust dispute—then service of process may be required, and the Hague Service Convention could be triggered. But for routine administration and notice of hearings under Probate Code § 8110, delivery by international mail is sufficient.
2. Check the Statute Carefully
Not all probate notice requirements are alike. Some sections of the Probate Code require “service” in accordance with the Code of Civil Procedure, such as in will contests under Probate Code § 8250. Others, like § 8110, require only “delivery.” The terminology matters.
3. Don’t Confuse Notice with Jurisdiction
Probate courts do not need personal jurisdiction over heirs or devisees to administer an estate. Their jurisdiction is over the property itself. So, while giving proper notice is essential for due process, failure to serve under the Hague Convention does not necessarily invalidate probate proceedings.
4. Use International Mail Correctly
When mailing notice abroad, make sure to follow § 1215: use proper international mail services and confirm that the address is current and complete. Keep proof of mailing for the record, as you may need to demonstrate that notice was properly delivered.
5. Don’t Overlook Timing
In the Tamas case, the appellate court remanded for consideration of whether Ana Tamas’s objection was timely. Even if a court were to find that notice was imperfect, an objection filed 18 months after probate may still be barred on timeliness grounds.
Certified Legal Translation Services for Cross-Border Probate Practice
In today’s global society, it’s increasingly common for heirs or estate parties to live abroad. Attorneys navigating probate administration should not assume that international service procedures are required just because a recipient is overseas.
The Tamas decision makes clear: when California’s Probate Code calls for delivery of notice—not service of process—the Hague Service Convention does not apply.
Staying attuned to these nuances can prevent unnecessary delays, avoid procedural missteps, and ensure that estates are administered efficiently, even across international borders.
The legal genealogy research and certified legal translation service All Language Alliance, Inc. provides certified translation of notices of probate hearings in U.S. probate cases addressed to foreign heirs located in Argentina and other countries worldwide and translates legal documents from English to Spanish; Turkish; Croatian; Hungarian; Italian; French; Greek; Korean; Hebrew; Slovak; Armenian; Greek; Japanese; Chinese; Dutch; Lithuanian; Polish; Czech, and other foreign languages.
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