Estate of Catherine Mary Graham

Case Number

25PR00481

Case Type

Hearing Date / Time

Wed, 11/12/2025 - 08:30

Nature of Proceedings

Petition for Probate and Letters Testamentary

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, and must notify the public whether probate of a will is sought, and whether full authority under the IAEA is requested.  

In this case, the affidavit executed under the penalty of perjury by the person with authority to affect publication at the newspaper (Prob. Code, §8124), as well as the Notice of Petition to Administer the Estate (Form DE-121) shows that the publication and notice do not communicate that Petitioner is seeking full authority to administer the estate under the Independent Administration of Estates Act.

Thus, republication must be obtained and proven.

Nomination of executor.  Petitioner does not have priority of administration over sibling, who was named co-executor pursuant to the Decedent’s Last Will and Testament.  If a person nominated as personal representative in the will declines to act, a signed declination must be filed prior to the hearing on the petition for probate unless evidence is produced that the nominated person is not competent pursuant to Probate Code section 8402, refuses to act, or cannot be located. Please submit a nomination from all those with equal or greater priority, or evidence why those persons cannot be appointed.

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.

Because re-publication must be sought, 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: 161 956 1423

Passcode: 137305