Estate of Efrain B Hernandez
Estate of Efrain B Hernandez
Case Number
23PR00599
Case Type
Hearing Date / Time
Wed, 02/14/2024 - 08:30
Nature of Proceedings
Petition for Probate and Letters Testamentary
Tentative Ruling
Probate Notes:
The following must be submitted:
Proof of Publication. No proof of publication was filed. Publication in the Santa Maria Times should occur.
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).)
Nomination of Administrator. Petitioner does not have priority of administration over his sibling pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority.
If the documents curing these deficiencies are not processed by 8:00 a.m. on February 13, 2024, 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).