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ATTENTION:

Effective March 2, 2026, the Superior Court of Santa Barbara welcomed Angela Braun as the new Court Executive Officer. Local forms have been updated to reflect this change. Please use the latest versions available on our website. Prior versions will continue to be accepted during this transition period.

Notice:

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Tentative Ruling: Estate of Maria Gutierrez Alvarez

Case Number

26PR00084

Case Type

Decedent's Estate

Hearing Date / Time

Tue, 04/07/2026 - 09:00

Nature of Proceedings

Petition for Letters of Administration

Tentative Ruling

Probate Notes:

The following must be submitted:

Duties and Liabilities Acknowledgement (Form DE-147).  The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, § 8404.)  No such form was submitted.

This form is not required for public administrators or trust companies. (§8404(a).)

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.

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.

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.

If the documents curing these deficiencies are not processed by 8:00 a.m. on April 6, 2026, 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

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