Estate of Tyler Tibben

Case Number

25PR00441

Case Type

Hearing Date / Time

Tue, 10/07/2025 - 09:00

Nature of Proceedings

Petition for Letters of Administration

Tentative Ruling

Probate Notes:

Appearances required. 

The following must be submitted and is noted for the Court at the hearing:

Guardian ad litem

The heir of this estate that appears to have the sole right of distribution of the entire estate is a minor, age 10 years old. There is no Guardian Ad Litem appointed, nor has there been a guardian of the estate requested.

Facts on the record in the related conservatorship case (no. 18PR00535) could be interpreted to show that it would not be in the minor’s best interests to appoint the minor’s surviving parent as either guardian of the estate or guardian ad litem.  Further, minor’s surviving parent appears to have attempted to file multiple improper documents without any standing or authority to represent the minor, thus appears to have acted in manner that could be held to be the unauthorized practice of law.  (J.W. v. Superior Court (1993) 17 Cal.App.4th 958 [collecting cases in this state and others].)

It is recommended the Court hold a hearing on who should represent the minor’s best interests, and appoint minor’s counsel for the minor who may also act as guardian ad litem.

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 LOMPOC RECORD.

Nomination of Administrator.  Petitioner does not have priority of administration over sibling 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.)

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.