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Estate of Ronald Bishop

Case Number

23PR00387

Case Type

Decedent's Estate-Probate & Letters of Admin. Will Annexed

Hearing Date / Time

Thu, 09/21/2023 - 09:00

Nature of Proceedings

Pet: Probate Will & Letters of Administration - Will

Tentative Ruling

Updated 09/19/2023.

The following deficiencies persist:

Proof of Publication. 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 newspaper adjudicated as a newspaper of general circulation in the city of decedent’s residence. (Prob. Code, §§ 8121, 7122.)  No proof of publication was filed. 

Original Will.  A will and any codicil to that will must be lodged with the Court. (Prob. Code, § 6110.)  It is insufficient to attach a copy of the will to the petition without lodging the original.  If the original is lost, petitioner must amend the Petition to provide an attachment alleging why the presumption of destruction in Probate Code section 6124 should not apply, or provide evidence overcoming the presumption of destruction.

Proposed Letters (Form DE-150).  Proposed letters must be submitted with relief that matches that requested in the petition.  No such document was filed with the court. Proposed Letters must be filed no later than 5 days before the hearing. (See Local Rule 1724 (b).)

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