Estate of Moises Solano

Case Number

23PR00487

Case Type

Hearing Date / Time

Wed, 07/17/2024 - 08:30

Nature of Proceedings

Competing Petitions for Probate of Will and Letters Testamentary

Tentative Ruling

Probate Notes:

Appearances required.  The following is noted for the Court:

Evidentiary Hearing.  The petition filed by Stephen M. Solano on October 13, 2023, received written objection by Freda B. Solano on January 16, 2024, which places this matter at issue requiring Evidentiary Hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)  That opposition contained an objection to the appointment of the personal representative, but does not contest the will submitted for probate. 

Freda B. Solano filed a Petition for Probate of Will and Letters Testamentary on February 9, 2024, offering the same will for probate as the will offered by Stephen M. Solano. Thus, the only matter at issue during the evidentiary hearing will be whether the court should appoint petitioner or objector to the office of personal representative.

PROCEDURAL DEFECTS

The following procedural defects have been noted for two hearings, and must be corrected before an evidentiary hearing can be set:

Publication is defective.  The Proof of Publication filed March 8, 2024, was filed in the wrong newspaper.  Both petitions allege the Decedent died while a resident of an address firmly within the city limits of Santa Maria, CA. The Santa Barbara Independent has not been adjudicated a newspaper of general circulation in that city.  Proper Publication requires publishing notice of this hearing in the Santa Maria Times.

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.

Duties and Liabilities Acknowledgement (Form DE-147).  The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, § 8404.)  No such form was submitted for the petition filed by Freda Solano.

If the documents curing these deficiencies are not processed by 8:00 a.m. on July 16, 2024, it is recommended that the Court deny both petitions.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 956 1423

Passcode: 137305