Estate of John V. Legittino
Estate of John V. Legittino
Case Number
24PR00289
Case Type
Hearing Date / Time
Mon, 07/01/2024 - 08:30
Nature of Proceedings
Petition for Probate and Letters Testamentary
Tentative Ruling
Posted Notes:
Appearances required. The following is noted for the Court at the hearing:
Defective 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 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).)
According to the petition, the Decedent was a resident of Solvang, CA. The only newspaper adjudicated as a newspaper of general circulation in the city of Solvang is the Santa Ynez Valley News, which is plainly obvious from the easily accessible list of “NEWSPAPERS ADJUDGED NEWSPAPERS OF GENERAL CIRCULATION FOR LEGAL ADVERTISING IN THE COUNTY OF SANTA BARBARA” on the Court’s website:
https://www.santabarbara.courts.ca.gov/system/files/general/legaladnewspapers_1.pdf
Thus, the hearing should be continued, and republication ordered by the Court for the new hearing date.
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.