In The Matter of The Smith Living Trust
Case Information
Motion(s)
PETITION FOR ORDER CONFIRMING TRUST ASSETS
Motion Type Tags
Petition
Parties
- Petitioner: The Smith Living Trust
Ruling
If no proof of publication is filed, the matter will be CONTINUED to June 02, 2026, at 8:30 a.m. in Dept. A to provide any publisher time to file the POP.
PROBATE CALENDAR – Hon. Joseph J. Solga, Dept. B (Historic Courthouse) at 8:30 a.m.
In The Matter of The Smith Living Trust 26PR000067
PETITION FOR ORDER CONFIRMING TRUST ASSETS
TENTATIVE RULING: The petition is GRANTED.
Estate of Beverly A. Borges 26PR000075
PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED AND AUTHORIZATION TO ADMINISTER UNDER THE INDEPENDENT ADMINISTRATION OF ESTATES ACT
TENTATIVE RULING: There is no proof of publication on file. If a proper proof of publication is filed prior to the hearing, the petition will be GRANTED, Michael Torr will be appointed as probate referee, and the matter will be set for a Status Hearing Re: Final Distribution on May 12, 2027, at 8:30 a.m. in Dept. B.
However, if no publication has been made, the Court will be forced to DENY the Petition without prejudice. Publication is required to invest the Court with subject matter jurisdiction over the Estate. (Prob. C. § 8005, subd. (b)(1)(C).) Therefore, the Petition may not be heard unless and until an affidavit of publication is on file. (Prob. C. § 8124.) The first of the three required publications must be at least 15 days before the hearing. (Prob. C. §8121(a).) Finally, the hearing on the Petition must be no less than 15 days and no more than 30 days after the Petition is filed. (Prob. C. §8003(a).) For this reason, if no publication of the hearing was made, the Court is without jurisdiction to hear the Petition and cannot continue the hearing to permit Petitioner to cure the defect.
** at 9:30 a.m. ** Estate of Jack Marston Shnell 24PR000167
PETITION FOR FINAL DISTRIBUTION, FIRST AND FINAL REPORT AND ACCOUNTING
TENTATIVE RULING: The petition is GRANTED, including fees as prayed.
5