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The Santa Barbara Superior Court has received complaints about individuals trying to scam members of the public by pretending to be court officers or officials. The Jury Services office of the Santa Barbara Superior Court does not call citizens to request payments for failing to appear for jury duty. California law does not permit citizens to pay a fine in lieu of jury duty. If you receive such a call simply hang up and, if the scammer persists, call your local law enforcement agency. Learn more about the recent scam warning.

Notice to Jurors:

Prospective jurors summoned for jury service can expect to receive their jury summons in postcard form. Please check your mail for a postcard with important instructions to fulfil your jury service. Visit the Jury Services page for more information.

Estate of Susan I Quijada

Case Number

24PR00140

Case Type

Decedent's Estate

Hearing Date / Time

Tue, 04/22/2025 - 09:00

Nature of Proceedings

Final Distribution

Tentative Ruling

Probate Notes:

Appearances required. The following must be submitted:

Proof of Service of Notice of Hearing (Form DE-120).  There is no proof of service of the Notice of Hearing on file.

Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors.  (Prob. Code, §§ 11601 & 1220.) Notice must be sent to the person, not the person’s representative. (§1220.)  Proof of Service must show the following persons received a copy of the Petition for Final Distribution and Notice of Hearing:

  • Jason Quijada
  • Julie Ann Quijada
  • Jacob Reed Quijada
  • Sarah Annette Quijada
  • Alexander Paul Quijada

Supplement re: Estate being in a condition to be closed.  Petitioner admits at paragraph 6b of the petition that all creditors of the estate have not been given notice, or been paid. Notice must have been given to creditors (one who “has demanded payment from the decedent or the estate”) (Prob. Code, § 9050) not later than 90 days after letters issue, except if creditor filed a claim or the claim is paid (Id. at §§ 9054, 9154.)

The statement at attachment 6b contains language that creates an ambiguity of whether the creditors were notified and/or paid.

Accounting or Waivers.  Each person entitled to distribution from the estate may waive a final account by 1) filing a written waiver of account (Prob. Code, § 10954, subd. (a)(1)); OR by filing 2) proof of adequate provision for satisfaction in full of the person’s interest (Id., subd. (a)(2)). No such document was filed.

The final account must be submitted, if not waived. (Prob. Code, § 10951.)  The final account must contain all items listed in Probate Code section 1061:

  • The property on hand at the beginning of the period covered by the account, which shall be the value of the property initially received by the fiduciary if this is the first account, and shall be the property on hand at the end of the prior account if this is a subsequent account.
  • The value of any assets received during the period of the accounting which are not assets on hand as of the commencement of the administration of an estate.
  • The amount of any receipts of income or principal, excluding items listed under paragraphs (1) and (2) or receipts from a trade or business.
  • Net income from a trade or business.
  • Gains on sales.
  • The amount of disbursements, excluding disbursements for a trade or business or distributions.
  • Loss on sales.
  • Net loss from trade or business.
  • Distributions to beneficiaries, the ward or conservatee.
  • Property on hand at the end of the accounting period, stated at its carry value.

Supplement re: ambiguity in allegations.  The allegations in the petition create ambiguity or fail to allege sufficient facts to satisfy pleading requirements in the Probate Code for final distribution.  The following defects must be corrected via amendment of the petition:

  • Paragraph 14 is not completely alleged.
  • Paragraph 20 creates an ambiguity of whether debts are paid.
  • Paragraph 21 and 22 create an ambiguity of whether a tax return was filed.

Proposed Order.  The proposed order is not in the proper form of an order and does not contain the necessary language that is required to reflect the necessary finding and orders this Court must make in order to comply with the Probate Code.

As a result, a proposed order using Local Form SC-6029 must be submitted.  A proposed order must be submitted with relief that matches that requested in the petition. (Local Rule 1724(b), subd.(d).)  The order must list every beneficiary and detail the shares to each, and must expressly state limitations or conditions on distribution.  (Prob. Code, § 11603.) 

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).

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

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