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).