Estate of Jessie M Boler

Case Number

24PR00403

Case Type

Hearing Date / Time

Wed, 08/28/2024 - 08:30

Nature of Proceedings

Petition for Probate Will and Letters Testamentary

Tentative Ruling

Probate Notes:

The following must be submitted:

Supplement re: Venue.  The Petition alleges the Decedent was a resident of Menifee, CA at the time of death.  This makes venue in Santa Barbara County improper.  Probate Code section 7051 outlines venue in probate matters as follows:

If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent’s estate is the county in which the decedent was domiciled, regardless of where the decedent died.

(Emphasis added.)  Only if the decedent was not domiciled in this state could proper venue lie in a county where Decedent’s property was located.  (Prob. Code, §7052.) 

Supplement is required, with Points and Authorities that show the Court how venue is proper in this county.

Proper Proof of Publication.  The Proof of Publication is defective, because publication did not occur in the county where decedent was a resident at the time of death.  The Lompoc Record is not a newspaper of general circulation in Menefee, CA.

Jurisdiction of the Probate Court is obtained by publication in accordance with Article 3 of Division 7, Part 2, Chapter 2 Probate Code.  (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).)

Supplement to the Petition.  A supplement to the petition listing all known heirs must be provided, even if those heirs are deceased, including “all beneficiaries of a trust named in decedent’s will.” (Pet. at ¶8.)  Paragraph 8 of the petition specifically requires listing even deceased heirs.  The will names Charles Calvin Boler as a devisee and heir, but Charles is not listed at paragraph 8, nor was Charles served notice.

The Court has discretion to require service to these heirs pursuant to Probate Code section 1202.

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 to Charles Boler.

If the documents curing these deficiencies are not processed by 8:00 a.m. on August 26, 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).

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