Estate of Gary M. S. Paquet
Case Information
Motion(s)
Petition for Letters of Administration
Motion Type Tags
Petition
Ruling
Case Number
Case Type Decedent's Estate Hearing Date / Time Mon, 05/11/2026 - 08:30 Nature of Proceedings Petition for Letters of Administration Tentative Ruling Probate Notes: The following must be submitted: Proof of Re-Publication or Declaration of substantial compliance.
Proof of Publication shows that the publication occurred in the Santa Barbara Independent. Santa Barbara Independent has not been adjudicated a newspaper of general circulation in the city of Lompoc, where Decedent was a resident. 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).) A declaration of substantial compliance is required, which must meet an evidentiary standard showing the Santa Barbara Independent is circulated within a wide cross section of Lompoc, CA. (Prob.
Code, Sec. 8122.) Otherwise, re-publication is required.
Nomination of Administrator. Petitioner does not have priority of administration over siblings pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)
If the documents curing these deficiencies are not processed by 8:00 a.m. on May 15, 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).
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