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Jury Scam alert -

The Santa Barbara Superior Court has received complaints about individuals trying to scam members of the public by pretending to be court officers or officials. The Jury Services office of the Santa Barbara Superior Court does not call citizens to request payments for failing to appear for jury duty. California law does not permit citizens to pay a fine in lieu of jury duty. If you receive such a call simply hang up and, if the scammer persists, call your local law enforcement agency. Learn more about the recent scam warning.

Notice to Jurors:

Prospective jurors summoned for jury service can expect to receive their jury summons in postcard form. Please check your mail for a postcard with important instructions to fulfil your jury service. Visit the Jury Services page for more information.

Estate of Oscar Lowenschuss

Case Number

23PR00424

Case Type

Decedent's Estate-Probate & Letters Testamentary

Hearing Date / Time

Thu, 11/02/2023 - 09:00

Nature of Proceedings

Petition: Probate Will & Letters Testamentary /Lost Will

Tentative Ruling

UPDATED 10/26/23: 

The requirement for a verification of the Petition was erroneously included here. The Petition appropriately addresses Probate Code 6124 and the original will is not necessary for this filing.

 
The following must be submitted:
 
1) Trust Instrument

The Petition and/or accompanying documents reveal the existence of a trust. A copy of the trust, and all accompanying amendments, must be submitted for review, to ensure compliance with the Decedent’s testamentary intent and notice to individuals who might otherwise not be given notice. (Local Rule, 1791(c).)

2) 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.

3) 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).)

4) Verification of Petition

Petition must be verified by Petitioner (Prob. Code, § 1021) and signed by attorney (CCP, § 128.7).

Please submit any documents curing these deficiencies by Monday 5:00 p.m. prior to your Thursday hearing date. Otherwise, it’s likely the Court will not have time to review the documents and your matter will be continued at the hearing.

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