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From December 22, 2025 – January 2, 2026, The Superior Court of California, County of Santa Barbara, will reduce phone hours and the public access operating hours of the Clerk’s Offices. For more information, click here.

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Estate of David James Loya

Case Number

25PR00538

Case Type

Spousal Property

Hearing Date / Time

Tue, 12/02/2025 - 09:00

Nature of Proceedings

Spousal Property Petition

Tentative Ruling

Probate Notes:

The following must be submitted:

Amended Proof of Timely Mailed Service. Service of Notice of Hearing was on Form DE-115.  That form clearly states it is only to be used pursuant to petitions under Probate Code section 850.  Form DE-120 is to be used for Spousal Property Petitions, a copy of the petition must be given 15 days prior to hearing (Prob. Code, §§ 13655 &1220), and must be served on heirs, devisees, trustee (Id. at subd. (a)(2)), and any named executor in a decedent’s will (Prob. Code, §13651(a)(5)).  Petitioner must submit proof of service showing Notice of the Petition was given 15 days before the hearing on DE-120.

Marriage certificate.  Please submit a Marriage Certificate as proof of marriage. (Evid. Code, §412, Hlth. & Saf. Code, § 103550.)

Please note, the check-box-style allegations in the Judicial Council form pleading for Spousal Property Petitions are not specific enough alone to establish the facts of death and marriage without attesting to personal knowledge of the facts that would establish death and marriage.  This allegation, by its very nature, raises secondary evidence issues.  Instead of making every petitioner file a supplement containing a factual recitation of their personal knowledge of death and marriage, the official declaration of death and marriage by the government entity that produced those documents has far more evidentiary weight than a verified allegation.  This is why some courts have local rules requiring the submission of such documents in estate cases. (See Riverside Local Rule 7200; San Bernadino Local Rule 20-615.)

Supplement re: Declaration of Facts.  A supplement to the petition alleging further facts that should have been alleged in attachment 7:

  • Date and place of marriage (Local Rule 1761, subd. (a))
  • Whether decedent owned any real and personal property on date of marriage, and if so, a description and approximation of values (Ibid.)
  • For each asset for which a determination that it pass or be confirmed to the surviving spouse, a description of the manner in which the asset was acquired by decedent, including source of funds or loans, title to asset, etc. (Ibid.)
  • Any additional facts upon which the claim that property is community or quasi-community property is based. (Ibid.)
  • If Decedent Died Testate: Copy of the will and any codicil “shall” be attached.  (PC § 13651, subd. (b).)
  • If Decedent and spouse had a written, non pro rata agreement: Copy of the agreement “shall” be attached.  (PC § 13651, subd. (c).)
  • If Decedent Died Intestate: 1) facts upon which the petitioner bases the allegations that all or part of the estate of deceased spouse is property passing to the surviving spouse, AND 2) a description of any interest in the community property or quasi-community property, or both, which the petitioner requests the court to confirm to the surviving spouse as belonging to the surviving spouse pursuant to § 100 or 101 (PC § 13651, subd. (a)(3)-(a)(4).)

Proposed Order. A proposed order using Judicial Council Form DE-226 (Local Rule 1724, subd. (b).)

If the documents curing these deficiencies are not processed by 8:00 a.m. on December 1, 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).

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