Estate of John T Nunes, Jr

Case Number

24PR00488

Case Type

Hearing Date / Time

Thu, 10/31/2024 - 09:00

Nature of Proceedings

Petition: Probate Will & Letters Testamentary

Tentative Ruling

UPDATED: The Proof of Publication was filed with the court. Other deficiencies listed below still need to be corrected.

Appearances are required. The following must be submitted:

Proof of Publication. Jurisdiction of the Probate Court is obtained by publication in accordance with Probate Code section 8121. (Prob. Code, § 8003(b).) No proof of publication was filed. Publication requires the notice to be published in newspaper adjudicated as a newspaper of general circulation in the city of decedent’s residence. (Prob. Code, §§ 8121, 7122.)

Affidavit of Subscribing Witness. The will is not self-proving, because it does not meet the requirements of Probate Code section 6110 and 8220(b) [must contain attestation clause under penalty of perjury]. To overcome this defect, Petitioner must submit an Affidavit of Subscribing Witness (Form DE-131), of at least one of the witnesses to the execution of the will.

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.