Petition for Letters of Administration
(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].)
To ensure this information is in the notice, the Judicial Council created form DE-115 to be used for all petitions pursuant to section 850. Thus, the proof of service must be submitted using Form DE-115, which became mandatory on January 1, 2020.
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.
Tentative Ruling: Estate of Orion Keith Ray Tentative Ruling: Estate of Orion Keith Ray Case Number
Case Type Decedent's Estate Hearing Date / Time Tue, 06/09/2026 - 09:00 Nature of Proceedings 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
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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: Guardianship of Melissa Hernandez Diaz et al Tentative Ruling: Guardianship of Melissa Hernandez Diaz et al