ESTATE OF PAUL PASCUAL SR.
Petition for Letters of Administration
Motion type
Parties
Ruling
CASE NUMBER: 26PB-0033479 This matter is on calendar for hearing on a Petition for Letters of Administration. The Petition contains the following defects: 1. Item 2e states that no bond is required for the reasons stated in item 3e. Item 3e is incomplete. The Court notes a waiver of bond was filed by Paul Pascual Jr. A waiver of bond has not been filed for the remaining beneficiaries.
2. Item 5(a) 3 or 4 must be completed.
3. Item 5(a) 7 or 8 must be completed.
4. The Notice of Petition to Administer Estate is incomplete as to item 10.
5. Proof of publication has been filed, however it is insufficient. “Notice shall be published in a newspaper of general circulation in the city where the decedent resided at the time of death.” Probate Code Section 8121(b). The Petition states the decedent was a resident of Cottonwood, California. The Intermountain News is not a newspaper of general circulation in Cottonwood.
Due to the above defects, the Court is unable to determine if proper notice has been provided. The Court notes there is no proof of service for Paul Pascual Jr., and the proof of service for Wendy Pascual filed on August 14, 2026, indicates that notice was untimely. The matter is continued to Monday, October 5, 2026, at 2:30 p.m. in Department 44 for further proceedings on the Petition for Letters of Administration. Petitioner is required to file an amended Petition to address the issues raised above. Petitioner is also required to file and serve a new Notice of Petition to Administer Estate for the continued hearing date, along with a copy of the amended Petition, on all parties entitled to notice. Proof of proper publication is required to be filed. No appearance is necessary on today’s calendar.
ESTATE OF STEVEN PROVENCHER
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