Estate of Frances Nobuko Arai

Case Number

25PR00056

Case Type

Hearing Date / Time

Thu, 03/27/2025 - 09:00

Nature of Proceedings

Pet: Probate Will & Letters of Administration - Will Annexed

Tentative Ruling

UPDATE: The court has received the original will and the proof of publication. Absent objection, this Petition will be approved.

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.)

Original Will. A will and any codicil to that will must be lodged with the Court. (Prob. Code, § 6110.) It is insufficient to attach a copy of the will to the petition without lodging the original. If the original is lost, petitioner must amend the Petition to provide an attachment alleging why the presumption of destruction in Probate Code section 6124 should not apply or provide evidence overcoming the presumption of destruction.