Petition for Probate and Letters Testamentary
Petition for Letters of Administration Tentative Ruling Probate Notes: Appearances required.
On March 26, 2026, Charlene Ann Ray filed a Petition for Letters of Administration, requesting that she be appointed the Personal Representative of the estate.
On May 18, 2026, Kerry Ray, Jodie Ray, and Erin Ray filed an objection to the petition, placing the matter at issue and requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)
Due to the objection, the following must be submitted: Competing Petition. When appointment of a personal representative is contested, Probate Code section 8004 requires a written objection and competing petition be filed and served in accordance with Probate Code section 8110 [15 days, mail or personal service to all entitled to take by intestate, and each devisee, executor, and alternative executor]. (Prob. Code, Sec. 8004, subd. (a).) The competing petition need not be published as long as publication of the first petition was completed according to statute.
There is no competing petition on file. Objector must file a competing petition for letters of administration on form DE-111, before an evidentiary hearing can be set.
Tentative Ruling: Estate of Fernando Contreras Tentative Ruling: Estate of Fernando Contreras Case Number
Case Type Decedent's Estate Hearing Date / Time Tue, 05/19/2026 - 09:00 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, Sec. 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, Sec.Sec. 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, Sec.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, Sec.8124.) PUBLICATION MUST BE IN THE SANTA MARIA TIMES.
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
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