Estate of Isaac Gomez Suarez
Estate of Isaac Gomez Suarez
Case Number
25PR00175
Case Type
Hearing Date / Time
Mon, 06/09/2025 - 08:30
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.)
PUBLICATION MUST BE IN THE SANTA MARIA TIMES.
Supplement to the Petition. A supplement to the petition listing all known heirs must be provided, even if those heirs are deceased. (Pet. at ¶8.) Paragraph 8 of the petition specifically requires listing even deceased heirs, and this Court requires heirs to the second degree, especially in intestate estates. The Court has discretion to require service to these heirs pursuant to Probate Code section 1202.
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: 161 797 5412
Passcode: 8749009