Estate of Feel Good

Case Number

24PR00099

Case Type

Hearing Date / Time

Tue, 05/28/2024 - 09:00

Nature of Proceedings

Petition for Letters of Administration

Tentative Ruling

Probate Notes:

Appearances are required. 

The following defects must be corrected before the court can proceed:

Proof of Publication.  No proof of publication was filed.

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).)

Santa Barbara Independent has not been adjudicated a newspaper of general circulation in the city of Lompoc, where Decedent was a resident.  A declaration of substantial compliance is required (Prob. Code, § 8122), or re-publication must occur in the Lompoc Register.

Proof of Service of Notice of Hearing (Form DE-121).  Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors.  (Prob. Code, §§ 8100 & 8110.) Notice must be sent to the person, not the person’s representative. (§1220.)  There is no proof of service on file.

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.

Supplement to the Petition.  A supplement to the petition must be filed to correct ambiguities created by errors in the pleading.  The following allegations must be made without creating ambiguity, but were alleged in a manner as to create ambiguity as follows:

• Paragraph 5a(1) or (2) and (3) or (4) – Petitioner marked paragraph 5a(1) and (3), which alleges to the Court that the Decedent had a surviving spouse and a registered domestic partner, which would not be permitted by law. If the Decedent did have both spouse and domestic partner, the domestic partner is not identified at paragraph 8 of the petition.  The supplement should clarify whether the Decedent had a registered domestic partner, and identify said partner if so.

Proposed Order (Form DE-140).  A proposed order must be submitted with relief that matches that requested in the petition.  No such document was filed with the court.

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.

In addition to the above defects, the following allegation warrants a denial of the petition (regardless of whether the defects above are corrected):

Zero Asset Estate. Petitioner alleges at paragraph 3d that the Decedent owned zero property.  These allegations mean the Decedent owned no home, no bank account, nothing of value of any kind.  These allegations mean Decedent’s estate is a no-asset estate not subject to probate.  The Court cannot grant a petition to open an estate that qualifies for immediate termination as a zero-asset estate. (Prob. Code, §12251.)

If the documents curing these deficiencies are not processed by 8:00 a.m. on May 27, 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).