Estate of Craig Stevens Jones
Estate of Craig Stevens Jones
Case Number
25PR00045
Case Type
Hearing Date / Time
Tue, 03/18/2025 - 09:00
Nature of Proceedings
Petition: Letters Administration
Tentative Ruling
Probate Notes:
The following must be submitted:
Proof of Publication. The Proof of Publication is defective. 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).)
Decedent died a resident of Santa Maria. The newspaper adjudicated as a newspaper of general circulation for Santa Maria is the Santa Maria Times. The Santa Barbara Independent has not been adjudicated a newspaper of general circulation in the city of Santa Maria, where Decedent was a resident. A declaration of substantial compliance is insufficient to remedy this defect, because the list of newspapers adjudicated for the different cities of the County of Santa Barbara is readily available on the Court’s website, which prohibits this court from finding the error in publication in this case “unusual” or “minor.” (Prob. Code, § 8122.)
REPUBLICATION MUST BE MADE IN THE SANTA MARIA TIMES.
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.
If the documents curing these deficiencies are not processed by 8:00 a.m. on March 17, 2025, 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: 160 543 3416
Passcode: 5053334