Estate of Logan Hunter Montez
Estate of Logan Hunter Montez
Case Number
23PR00370
Case Type
Hearing Date / Time
Tue, 09/26/2023 - 09:00
Nature of Proceedings
Petition: Letters Administration
Tentative Ruling
Proof of Publication. The Proof of Publication filed does not meet statutory
content requirements in Probate Code section 8100, is not in any kind of
format that indicates the newspaper that published the notice followed
standard business practices for publishing court notices for decedent’s estates,
and does not indicate whether Independent Administration of Estates Act
powers are sought (Prob. Code, §10451).
Jurisdiction of the Probate Court is obtained by publication in accordance with
Probate Code section 8121. (Prob. Code, § 8003(b).) Publication requires the
notice to be published in a newspaper adjudicated as a newspaper of general
circulation in the city of decedent’s residence (Prob. Code, §§ 8121, 7122) and
to contain the substantially same language and format shown in Probate Code
section 8100. If the city of decedent’s residence has no newspaper adjudicated
as a newspaper of general circulation, publication must occur “in a newspaper
of general circulation in the county which is circulated within the area of the
county in which the decedent resided or the property is located.” (Prob. Code,
§8121(b).)
It is recommended that the matter be continued to a date to be set by the Court
at the hearing, unless the party appears and requests a different date, or
submits a request for a different continuance date prior to the hearing. (Local
Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted
at least 10 days prior to the new hearing date to be considered.
Due to staffing limitations, processing times may be delayed. To assist in
processing, attorneys and parties should include the next court date in the
“Filing Description” field provided by the electronic service provider. That field
is also used for further descriptions of the document being e-filed, so be sure
to put the calendar date FIRST in the field – BEFORE any further description of
the document being e-filed (e.g.: 06/28/16 For XYZ).