Tentative Ruling: Estate of Ronny Joseph Marc Bourque

Case Number

26PR00427

Case Type

Hearing Date / Time

Wed, 10/28/2026 - 09:30

Nature of Proceedings

Petition for Probate and Letters Testamentary

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.)

Santa Barbara Independent has not been adjudicated a newspaper of general circulation in the city of Santa Maria, where Decedent was a resident.

PUBLICATION MUST OCCUR 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 ALL beneficiaries of the trust. (Prob. Code, §§ 8100 & 8110.) Notice must be sent to the person, not the person’s representative. (§1220.)  There is no Proof of Service on Edward Adolt Vodrazka.

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.

Original Will.  An original will and any codicil to that will must be lodged with the Court. (Prob. Code, §§ 8200, et seq.)  It is insufficient to attach a copy of the will to the petition without lodging the original.

If the will is holographic, “the petitioner shall also attach a typed copy of the will.”  (Prob. Code, §8002(b)(1).)  No typed copy of the will was submitted. 

If the original is lost, petitioner must amend the Petition to provide an attachment alleging why the presumption of destruction in Probate Code section 6124 should not apply, or provide evidence overcoming the presumption of destruction.

Petitioner may overcome this presumption with substantial evidence that shows the Court some supported fact that the Decedent did not destroy the will.  Petitioner is referred to the following authority to understand the evidence required to overcome the presumption of destruction in Probate Code section 6124:

• Estate of Trikha (2013) 219 Cal.App.4th 791, 804 [substantial evidence required to overcome presumption]
• Lauermann v. Superior Court (2005) 127 Cal.App.4th 1327, 1333 [Duplicate Original not usually sufficient]

If the documents curing these deficiencies are not processed by 8:00 a.m. on October 26, 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).