Estate of Patrick Roy Carman
Estate of Patrick Roy Carman
Case Number
25PR00367
Case Type
Hearing Date / Time
Mon, 09/08/2025 - 08:30
Nature of Proceedings
Petition: Letters Administration
Tentative Ruling
The following must be submitted:
Proof of Publication. Proof of publication is awaiting processing, but has not yet been accepted. 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.)
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.
If the documents curing these deficiencies are not processed by 8:00 a.m. on September 5, 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.