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25PR00599·santabarbara·Civil·Decedent's Estate
Hearing 23 days agoDeficiencies noted

Estate of Bonita Lynne Hood

Petition for Probate and Letters Testamentary

Hearing date
Aug 4, 2026
Department
Prevailing
N/A

Motion type

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Ruling

If the documents curing these deficiencies are not processed by 8:00 a.m. on August 24, 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).

Tentative Ruling: Estate of Bonita Lynne Hood Tentative Ruling: Estate of Bonita Lynne Hood Case Number

Case Type Decedent's Estate Hearing Date / Time Tue, 08/04/2026 - 09:00 Nature of Proceedings Petition for Probate and Letters Testamentary Tentative Ruling Probate Notes: The following must be submitted: Confidential Supplement to Duties and Liabilities of Personal Representative (DE-147(S)). The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, Sec. 8404.) No such form was submitted.

The following is noted for the Court at the hearing: No Original Will. An original will and any codicil cannot currently be lodged with the Court. (Prob. Code, Sec.Sec. 8200, et seq.) The Court cannot admit a copy of a will to probate without evidence that the lost original will cannot be found and the presumption of destruction in Probate Code section 6124 does not apply. Petitioner may overcome this presumption with substantial evidence that shows the Court some supported fact that the Decedent did not destroy the will. Petitioner is referred to the following authority to understand the evidence required to overcome the presumption of destruction in Probate Code section 6124: Estate of Trikha (2013) 219 Cal.App.4th 791, 804 [substantial evidence required to overcome presumption] Lauermann v. Superior Court (2005) 127 Cal.App.4th 1327, 1333 [Duplicate Original not usually sufficient]

Petition for Production Required. Petitioner alleges the original will is the possession of a custodian that does not appear willing to deliver the will to the court. A petition pursuant to Part 2 of Division 7, Chapter 3, Article 1 of the Probate Code is required to compel delivery of the will to probate. (Prob. Code, Sec.Sec.8200 et seq.)

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 160 543 3416 Passcode: 5053334

Tentative Ruling: Lydia I Perez vs Juan Velasquez Tentative Ruling: Lydia I Perez vs Juan Velasquez

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