Estate of Logan Hunter Montez

Case Number

23PR00370

Case Type

Hearing Date / Time

Tue, 10/31/2023 - 09:00

Nature of Proceedings

Petition for Letters of Administration

Tentative Ruling

Probate Notes: 

Appearances required.   The following must be submitted:

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).)