Estate of Michael Stephen Miller, Jr

Case Number

25PR00384

Case Type

Hearing Date / Time

Tue, 09/09/2025 - 09:00

Nature of Proceedings

Petition for 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).)

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.)

Santa Barbara Independent has not been adjudicated a newspaper of general circulation in the city of Solvang, where Decedent was a resident.

PUBLICATION MUST OCCUR IN THE SANTA YNEZ VALLEY NEWS. Thus, republication is required.

Proof of Service of Notice of Hearing (Form DE-121).  Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors.  (Prob. Code, §§ 8100 & 8110.) Notice must be sent to the person, not the person’s representative. (§1220.) 

Petitioner must submit supplement explaining why notice was sent to Shane Robert Miller Smith at a school address.

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.

Nomination of Administrator.  Petitioner has no standing to petition for appointment as Personal Representative, and even if there was standing, does not have priority of administration over Decedent’s spouse or children pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)

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)

If the documents curing these deficiencies are not processed by 8:00 a.m. on September 8, 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