Tentative Ruling: Estate of Santiago Guillermo Saucedo, Sr.
Case Number
26PR00394
Case Type
Hearing Date / Time
Mon, 10/05/2026 - 08:30
Nature of Proceedings
Petition for Letters of Administration
Tentative Ruling
Probate Notes:
The following must be submitted:
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 THE SANTA MARIA TIMES.
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.) No such document was filed.
Supplement re: Petitioner’s status as “Interested Person.” Only an “interested person” may initiate a probate proceeding. (Prob. Code, §8000.) The term “interested person” has a statutory definition, but one which is indeterminate: “the meaning of ‘interested person’ as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding.” (§ 48(b).) Subject to that caveat, an “interested person” is generally “an heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.” (§ 48(a)(1).) An “heir” means the person or persons who would take the property of the decedent under the law of intestate succession. (§ 44.)
While this language appears to create a broad class of potential contestants, only individuals with a pecuniary interest in the proceedings may contest a will. (Estate of Weber (1991) 229 Cal.App.3d 22, 25, fn. 4.) Whether a party has such an interest is subject to the discretionary determination of the trial court, on a case-by-case basis. (Colvis v. Binswanger (2023) 96 Cal.App.5th 393, 399.) A party who took part in a pre-probate contest, or who was served with notice thereof, and failed to respond, may neither commence nor join a post-probate contest. (§ 8270.)
In this case, the Petitioner is listed as “Ernst Law Group,” because Decedent appears to have allegedly caused personal injuries to persons in a motor vehicle incident. Therefore, the Plaintiff alleging the injuries must, by necessity, be the Petitioner in this case, and may only be so appointed if the a person with higher priority refuses the position of personal representative.
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 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.)
If the documents curing these deficiencies are not processed by 8:00 a.m. on October 2, 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).