Petition to Determine Claim to Property
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 FIRST in the field - BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).
Tentative Ruling: Matter of the Wolfgang Oertel Family Trust Tentative Ruling: Matter of the Wolfgang Oertel Family Trust Case Number
Case Type Trust Hearing Date / Time Tue, 06/02/2026 - 09:00 Nature of Proceedings Petition to Determine Claim to Property Tentative Ruling Appearances required.
The following must be submitted: Proof of Service of Notice of Hearing (DE-115). Service of Petitions pursuant to section 850 of the Probate Code is governed by section 851, which references CCP section 413.10: At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable: (1) The personal representative, conservator, guardian, or trustee as appropriate. (2) Each person claiming an interest in, or having title to or possession of, the property. (Prob. Code, Sec. 851(a).)
According to that chapter of the CCP, service of the petition must be on the person (CCP, Sec.Sec.413.10; 415.10) the same as a civil summons, with exceptions for mailing and publication as that law provides when the serving party proves the petition "cannot with reasonable diligence be personally delivered to the person to be served..." (CCP, Sec.415.20(b).)
Further, section 851 requires Notices of Petitions pursuant to Probate Code section 850 " shall contain all of the following": (1) A description of the subject property sufficient to provide adequate notice to any party who may have an interest in the property. For real property, the notice shall state the street address or, if none, a description of the property's location and assessor's parcel number. (2) If the petition seeks relief pursuant to Section 859, a description of the relief sought sufficient to provide adequate notice to the party against whom that relief is requested. (3) A statement advising any person interested in the property that he or she may file a response to the petition. (Prob. Code, Sec. 851(c) [emphasis added].)
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Once proper service has been completed, any objecting respondents must file a written objection before the next hearing. The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.