Petition to Appoint Limited Conservator
It is unacceptable to merely file a copy of the newspaper clipping as proof of publication. A Petitioner must obtain an affidavit executed under the penalty of perjury by the person with authority to affect publication at the newspaper. (Prob. Code, Sec.8124.) PUBLICATION MUST OCCUR IN THE SANTA MARIA TIMES.
Proof of Holographic Instrument (Form DE-135). The petition requests a holographic will or codicil be admitted to probate. All codicils must be proven in the same manner as a will (Prob. Code, Sec.Sec. 88, 6110, 8222), and all holographic instruments must be proven by submission of evidence that that the holographic instrument is in fact in the testator's handwriting. Form DE-135 must be used to do so.
If the documents curing these deficiencies are not processed by 8:00 a.m. on May 11, 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: Conservatorship of Rosio Novoa Alvarez Tentative Ruling: Conservatorship of Rosio Novoa Alvarez Case Number
Case Type Conservatorship Hearing Date / Time Wed, 05/27/2026 - 09:30 Nature of Proceedings Petition to Appoint Limited Conservator Tentative Ruling Probate Notes: Appearances required.
The following defects must be corrected before the hearing: Proof of Service on Relatives of Proposed Conservatee. At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given by timely mailing service of the notice and copy of the petition to the (1) spouse, if any, or registered domestic partner, if any, of the proposed conservatee, and (2) relatives named in the petition at their addresses stated in the petition. (Prob. Code, Sec.1822.)
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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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).) Please submit updated GC-335 adopted for mandatory use as of January 1, 2025.
The proposed conservatee is expected to attend the hearing, unless a Confidential Declaration on Medical Ability to Attend Hearing (GC-325) is filed and shows an medical inability to attend. (Prob. Code, Sec. 1825.) (Prob. Code, Sec. 1825(a)(2)[medical inability].)