In the Matter of Guardianship of Auden M Valadez

Publication requires the notice to be published in a newspaper adjudicated as a newspaper of general circulation in the city of decedent's residence (Prob. Code, Sec.Sec. 8121, 7122) and to contain the substantially same language and format shown in Probate Code section 8100. If the city of decedent's residence has no newspaper adjudicated as a newspaper of general circulation, publication must occur "in a newspaper of general circulation in the county which is circulated within the area of the county in which the decedent resided or the property is located." (Prob. Code, Sec.8121(b).)

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: Guardianship of Auden M Valadez Tentative Ruling: Guardianship of Auden M Valadez Case Number

Case Type Guardianship Hearing Date / Time Wed, 06/10/2026 - 09:30 Nature of Proceedings Petition for Appointment of Guardian of Estate Tentative Ruling Probate Notes: Appearances required.

The following must be submitted: Supplement re: Independent Powers. Petitioner requests broad independent powers pursuant to Probate Code section 2590-91 that are not supported by factual allegations showing good cause to overcome the duty to provide all support of the minor pursuant to Family Code sections 3900 and 4053(a). The current proposed order and letters indicate petitioner, and attorney for same, either do not understand, or fail to acknowledge this duty owed by the Petitioner to the minor. Thus, good cause must be presented to justify any deviation from Local Rule 1735, which requires the funds be placed into a blocked account.