Estate of Rayford Landon Jackson
Estate of Rayford Landon Jackson
Case Number
24PR00291
Case Type
Hearing Date / Time
Wed, 07/03/2024 - 08:30
Nature of Proceedings
Petition for Letters of Administration
Tentative Ruling
Probate Notes:
The following must be submitted:
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.)
Proof of Service of Notice of Hearing shows service occurred on June 28, 2024, only five days before the hearing date. This is insufficient to fulfil Due Process requirements.
Waivers of Bond. Bond must be waived by all adult heirs at law. Petitioner must file bond waivers (Form DE-142) for all heirs.
Nomination of Administrator. Petitioner does not have priority of administration over Decedent’s mother pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority.
Supplement to the Petition. Petition alleges Decedent had a deceased spouse. A supplement to the petition listing all known heirs must be provided including the date of death, even if those heirs are deceased. (Pet. at ¶8.) Paragraph 8 of the petition specifically requires listing even deceased heirs, and this Court requires heirs to the second degree, especially in intestate estates. The Court has discretion to require service to these heirs pursuant to Probate Code section 1202.
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).
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