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26PR00323·santabarbara·Civil·Decedent's Estate
Hearing 3 days agoDeficiencies must be corrected

Estate of Daniel Anthony Andrade

Petition for Letters of Administration

Hearing date
Aug 17, 2026
Department
Prevailing
N/A

Motion type

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Ruling

Probate Notes: Appearances required. Proof of Personal Service of Citation. In a conservatorship proceeding, jurisdiction is obtained through personal service of a citation and a copy of the petition for conservatorship upon the proposed conservatee. The notice must be personally delivered to the proposed conservatee at least 5 court days before the hearing. A copy of the petition for temporary appointment shall be served with the notice of hearing. (Prob. Code, Sec. 2250(e)(2).) There is no Proof of Service of the citation on file.

Proof of Service on Relatives. Notice of the hearing shall be served five days prior to the hearing on the proposed conservatee's spouse, parents, grandparents, children, grandchildren, and brothers and sisters (named in the Petition for Appointment of Conservator at P. 11). [Prob. C. Sec. 2250(e)(2)] The Code does not specify the method of service, but service by mail is presumably sufficient.

Confidential Declaration on Medical Ability to Attend Hearing (GC-325) - As of January 1, 2025, the ability of the proposed conservatee to attend the hearing will be determined on evidence submitted on Judicial Counsel form GC-325. This form was adopted for mandatory use as of January 1, 2025. This form must be filed, or the proposed conservatee will be expected to attend the hearing.

Capacity Declaration (GC-335) - No order adjudging that conservatee lacks capacity to give informed consent to medical treatment may be granted unless supported by a declaration executed by a licensed physician or licensed psychologist supporting the request. (Prob. Code, Sec. 1890(c).) The proposed temporary conservatee is expected to attend the hearing. (Prob. Code, Sec. 2250.4.)

Tentative Ruling: Estate of Daniel Anthony Andrade Tentative Ruling: Estate of Daniel Anthony Andrade Case Number

Case Type Decedent's Estate Hearing Date / Time Mon, 08/17/2026 - 08:30 Nature of Proceedings Petition for Letters of Administration Tentative Ruling Probate Notes: The following must be submitted: Nomination of Administrator. Petitioner does not have priority of administration over other 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.)

Supplement to the Petition. The following allegations must be made without creating ambiguity, but were left blank or improperly alleged and must be corrected by supplement: Paragraph 5a(5) (a) or (b) or 5a(6) If the documents curing these deficiencies are not processed by 8:00 a.m. on August 14, 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

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