Estate of Victor J Lizama
Estate of Victor J Lizama
Case Number
25PR00166
Case Type
Hearing Date / Time
Tue, 05/27/2025 - 09:00
Nature of Proceedings
Petition for Letters Administration
Tentative Ruling
Probate Notes:
The following must be submitted:
Proof of Publication. No proof of publication was filed. 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).)
It is unacceptable to merely file a copy of the newspaper clipping as proof of publication. A Petitioner must obtain an affidavit executed under the penalty of perjury by the person with authority to affect publication at the newspaper. (Prob. Code, §8124.)
Duties and Liabilities Acknowledgement (Form DE-147). The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, § 8404.) No such form was submitted.
Waivers of Bond. Bond must be waived by all adult heirs at law. Petitioner must file bond waivers (Form DE-142) for all heirs or devisees named in a will.
Supplement to the Petition. The following allegations must be made without creating ambiguity, but were left blank or improperly alleged and must be corrected by supplement:
Paragraph 8 – A supplement to the petition must be filed clarifying the relationship of Jessica Brooke Powers to the Decedent.
Supplement re: Probate vs. Spousal Property Petition. The petition requests probate of a Decedent’s estate who left a surviving spouse. Petitioner must submit supplement explaining why probate of this estate is favorable over the following procedures:
- Spousal or Domestic Partner Property Petition (form DE-221)
- Affidavit for Disposition of Community Property Real Estate (Probate Code 13540-13541)
- Disposition of Community Property Securities (Probate Code 13545)
- Affidavit for Collection of Compensation Owed to Deceased Spouse or Registered Domestic Partner (Probate Code 13600)
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.
If the documents curing these deficiencies are not processed by 8:00 a.m. on May 26, 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