Hearing on Petition to Establish Fact of Death
2024PRDE033697: IN THE MATTER OF MARIA LUISA QUINTERO 05/20/2026 in Department J6 Hearing on Petition to Establish Fact of Death
Health & Safety Code § 103450(a) provides: A verified petition may be filed by any beneficially interested person with the clerk of the superior court in and for the county of residence of the person whose birth or marriage it is sought to establish, to judicially establish the fact of, and the time and place of, a birth, death, or marriage that is not registered or for which a certified copy is not obtainable. The petition shall be verified and shall contain all the facts necessary to enable the court to determine the fact of and the time and place of the birth, death, or marriage upon the proofs adduced on behalf of the petitioner at the hearing. (Health & Safety Code §103455.)
Here, in a verified petition, Juan Gregorio Quintero, son, seeks an order establishing the death of Gregorio Quintero on date not given, at 12:01 a.m. in Mexico, in an unknown town. Petitioner failed to put an actual date in the petition at #2.b.
Looking at the facts objectively, it is difficult to conclude that Mr. Quinteros moving to Mexico and never being heard from again by his adult children establishes that his death occurred on an unknown date.
Petitioners petition is inadequate. The petition presents insufficient facts to establish death as of an unknown date.
Discuss petitioner filing an amended petition or a Petition for Probate of a Missing Person or Presumed Dead Person under Probate Code §12403.
This should have been filed in a separate case number.
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