Instructions for Form NC-100 "Petition for Change of Name" - California

This document contains official instructions for Form NC-100, Petition for Change of Name - a form released and collected by the California Superior Court. An up-to-date fillable Form NC-100 is available for download through this link.

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INSTRUCTIONS FOR FILING A PETITION
NC-100-INFO
FOR CHANGE OF NAME
Where to File
1.
The petition for change of name must be filed in the superior court of the county where the person whose name is to be changed is
a resident.
2.
Whose Name May Be Changed
The petition may be used to change your own name and, under certain circumstances, the names of others (e.g., children under 18
years of age).
3.
Confidentiality of Certain Names
If you are a participant in the Secretary of State's address confidentiality program (Safe at Home), your current and proposed names
may be kept confidential. (Code Civ. Proc., § 1277(b).) See Information Sheet for Name Change Proceedings Under Address
Confidentiality Program (Safe at Home) (form NC-400-INFO) for additional instructions.
4.
What Forms Are Required
Prepare an original and two copies of each of the following documents:
a. Petition for Change of Name (form NC-100)
b. Name and Information About the Person Whose Name Is to Be Changed (Attachment to Petition For Change of Name) (form
NC-110) (attach as many copies as necessary)
c.
Order to Show Cause for Change of Name (form NC-120) or, if applicable, Order to Show Cause for Change of Name to
Conform to Gender Identity (form NC-125)
d. Decree Changing Name (form NC-130 or, for guardians, form NC-130G)
e. Civil Case Cover Sheet (form CM-010)
In addition, a guardian must prepare and attach a Declaration of Guardian (Supplemental Attachment to Petition) (form NC-110G)
for each child whose name is to be changed.
5.
Filing and Filing Fee
Prepare an original Civil Case Cover Sheet (form CM-010). File the original petition and Civil Case Cover Sheet with the clerk of
the court and obtain two filed-endorsed copies of the petition. A filing fee will be charged unless you qualify for a fee waiver. (If you
want to apply for a fee waiver, see Request to Waive Court Fees (form FW-001) and Information Sheet on Waiver of Court Fees
and Costs (form FW-001-INFO).
6.
Requesting a Court Hearing Date and Obtaining the Order to Show Cause
You should request a date for the hearing on the Order to Show Cause for Change of Name (form NC-120) at least six weeks in the
future. Take the completed form to the clerk's office. The clerk will provide the hearing date and location, obtain the judicial officer's
signature, file the original, and give you a copy.
If you are changing your name to conform to gender identity, you need not request a hearing date. Instead, complete the Order to
Show Cause for Change of Name to Conform to Gender Identity (form NC-125) and take the completed form to the clerk's office.
The clerk will obtain the judicial officer's signature, file the original, and give you a copy.
Publishing the Order to Show Cause
7.
In most cases, a copy of the Order to Show Cause must be published in a local newspaper of general circulation once a week for at
least four consecutive weeks before the date of the hearing. You must select the newspaper from among those newspapers
legally qualified to publish orders and notices. The newspaper used must file a Proof of Publication with the superior court before
the hearing. If no newspaper of general circulation is published in the county, the court may order the Order to Show Cause to be
posted by the clerk. But you do not have to publish the order if you are seeking to change a name to conform to your gender
identity or are a participant in (1) the State Witness Program, or (2) the address confidentiality program, and the petition alleges that
you are (a) petitioning to avoid domestic violence, or (b) petitioning to avoid stalking, or (c) a victim of sexual assault or petitioning
on behalf of one.
Page 1 of 2
Form Approved for Optional Use
www.courts.ca.gov
INSTRUCTIONS FOR FILING A PETITION
Judicial Council of California
FOR CHANGE OF NAME
NC-100-INFO [New September 1, 2018]
INSTRUCTIONS FOR FILING A PETITION
NC-100-INFO
FOR CHANGE OF NAME
Where to File
1.
The petition for change of name must be filed in the superior court of the county where the person whose name is to be changed is
a resident.
2.
Whose Name May Be Changed
The petition may be used to change your own name and, under certain circumstances, the names of others (e.g., children under 18
years of age).
3.
Confidentiality of Certain Names
If you are a participant in the Secretary of State's address confidentiality program (Safe at Home), your current and proposed names
may be kept confidential. (Code Civ. Proc., § 1277(b).) See Information Sheet for Name Change Proceedings Under Address
Confidentiality Program (Safe at Home) (form NC-400-INFO) for additional instructions.
4.
What Forms Are Required
Prepare an original and two copies of each of the following documents:
a. Petition for Change of Name (form NC-100)
b. Name and Information About the Person Whose Name Is to Be Changed (Attachment to Petition For Change of Name) (form
NC-110) (attach as many copies as necessary)
c.
Order to Show Cause for Change of Name (form NC-120) or, if applicable, Order to Show Cause for Change of Name to
Conform to Gender Identity (form NC-125)
d. Decree Changing Name (form NC-130 or, for guardians, form NC-130G)
e. Civil Case Cover Sheet (form CM-010)
In addition, a guardian must prepare and attach a Declaration of Guardian (Supplemental Attachment to Petition) (form NC-110G)
for each child whose name is to be changed.
5.
Filing and Filing Fee
Prepare an original Civil Case Cover Sheet (form CM-010). File the original petition and Civil Case Cover Sheet with the clerk of
the court and obtain two filed-endorsed copies of the petition. A filing fee will be charged unless you qualify for a fee waiver. (If you
want to apply for a fee waiver, see Request to Waive Court Fees (form FW-001) and Information Sheet on Waiver of Court Fees
and Costs (form FW-001-INFO).
6.
Requesting a Court Hearing Date and Obtaining the Order to Show Cause
You should request a date for the hearing on the Order to Show Cause for Change of Name (form NC-120) at least six weeks in the
future. Take the completed form to the clerk's office. The clerk will provide the hearing date and location, obtain the judicial officer's
signature, file the original, and give you a copy.
If you are changing your name to conform to gender identity, you need not request a hearing date. Instead, complete the Order to
Show Cause for Change of Name to Conform to Gender Identity (form NC-125) and take the completed form to the clerk's office.
The clerk will obtain the judicial officer's signature, file the original, and give you a copy.
Publishing the Order to Show Cause
7.
In most cases, a copy of the Order to Show Cause must be published in a local newspaper of general circulation once a week for at
least four consecutive weeks before the date of the hearing. You must select the newspaper from among those newspapers
legally qualified to publish orders and notices. The newspaper used must file a Proof of Publication with the superior court before
the hearing. If no newspaper of general circulation is published in the county, the court may order the Order to Show Cause to be
posted by the clerk. But you do not have to publish the order if you are seeking to change a name to conform to your gender
identity or are a participant in (1) the State Witness Program, or (2) the address confidentiality program, and the petition alleges that
you are (a) petitioning to avoid domestic violence, or (b) petitioning to avoid stalking, or (c) a victim of sexual assault or petitioning
on behalf of one.
Page 1 of 2
Form Approved for Optional Use
www.courts.ca.gov
INSTRUCTIONS FOR FILING A PETITION
Judicial Council of California
FOR CHANGE OF NAME
NC-100-INFO [New September 1, 2018]
NC-100-INFO
8.
Name Change for Children
a. If you are a petitioning parent requesting the name change for a child under 18 years of age, and one of the parents, if living,
does not join in consenting to the name change, the petitioning parent must have a copy of the Order to Show Cause or notice
of the time and place of the hearing served on the nonconsenting parent. Service must be made at least 30 days prior to the
hearing under Code of Civil Procedure sections 413.10, 414.10, 415.10, or 415.40.
b.
If the nonconsenting parent resides in California, the order or notice must be personally served on the nonconsenting parent.
You cannot personally serve this document.
c.
If the nonconsenting parent resides outside California, that parent may be served by sending a copy of the order or notice by
first-class mail, postage prepaid, return receipt requested.
d.
If you are the guardian of a minor and filing a petition to change the name of that child, you must (1) provide notice of the
hearing to any living parent of the child by personal service at least 30 days before the hearing, or (2) if either or both parents
are deceased or cannot be located, serve notice of the hearing on the child's grandparents, if living, not less than 30 days before
the hearing under Code of Civil Procedure sections 413.10, 414.10, 415.10, or 415.40.
If you have served a parent or grandparents, file a copy of the completed Proof of Service of Order to Show Cause (form NC-121)
with the court before the hearing.
If the minor's name is being changed to conform to gender, these notices and orders need not be completed or served.
Name Change for Person in Jail or Prison or on Parole
9.
If you are a person in county jail, or under the jurisdiction of the Department of Corrections and Rehabilitation (in state prison, or on
parole) you may file a petition to change your name, but must serve the petition on a government agency.
l
If in county jail, you must provide a copy of the petition to the county sheriff's department. Check with the department as to how
that should be done.
l
If in state prison, you must provide a copy of the petition to the warden. Check with the warden's office as to how that should be
done.
l
If on parole, you must provide a copy of the petition to the regional parole administrator. Check with the administrator's office
as to how that should be done.
After you have provided a copy to the sheriff, warden, or regional parole administrator, file a copy of the completed Proof of
Service By Mail (form POS-030) with the court.
Note that the declaration on form NC-110 as to whether the petitioner is in jail or under jurisdiction of the California Department of
Corrections and Rehabilitation is only for purposes of determining if service of the petition is required.
10.
Court Hearing
If no written objection is filed at least two court days before the scheduled hearing, the court may grant the petition and sign the
decree without a hearing. Check with the court to find out if a hearing will be held. If there is a hearing, bring copies of all
documents to the hearing. If the judge grants the petition, the judge will sign the original decree.
If you filed a petition for name change to conform to gender identity, and timely objections were filed, the court may set a hearing
date after receiving the objections. If it does, you will be sent a notice of the hearing date. Check with the court after the deadline for
filing objections to see if a hearing date has been set. If there are no objections, the court will grant the petition and sign the decree
without a hearing.
If you were born in California and want to amend a birth certificate to show the name change, you should contact the following
11.
office:
California Department of Public Health
Vital Records - MS 5103
Phone: 916-445-2684
P.O. Box 997410
website: www.cdph.ca.gov
Sacramento, CA 95899-7410
Local courts may supplement these instructions. Check with the court to determine whether supplemental information is available.
For instance, the court may provide you with additional written information identifying the department that handles name change
petitions, the times when petitions are heard, and the newspapers that may be used to publish the Order to Show Cause.
NC-100-INFO [New September 1, 2018]
Page 2 of 2
INSTRUCTIONS FOR FILING A PETITION
FOR CHANGE OF NAME
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