1/19) PC-304. 9 of 14 10 of 14 Police removes the pavement next to the hand of an climate activist during a protest against the climate policy of the German government in Berlin, Germany, Monday, April 24, 2023 . If a bond is required, the amount of the bond will be fixed based on the estimated value of the decedent's personal property, plus the value of the decedent's real property (if the personal representative is given full authority under the Independent Administration of Estates Act), plus the estimated value of the annual gross income of all of the estate's property. Use the following steps to select an appropriate newspaper to publish Notice of Petition to Administer Estate: 1. You must contact the newspaper and provide them with a copy of the Notice of Petition to Administer Estate. I served, with the Notice of Petition to Administer Estate, a copy of the petition or other document referred to in the notice. In this section, you can find answers to the following questions: A person who has priority for appointment but does not wish to serve may decline and nominate another person as personal representative. If different Mark other and fill out the address information. Attorney for Petitioner: Paul W. Smigliani, 6265 Greenwich Drive, Suite 201, San Diego, CA 92122 Ph: (949)266-0402 Published in: Dana Point Times, July 15, 22, 29, 2022 Tags: Notice to Petition to Administer Estate Dana Point Times If the Probate Judge approves the petition, you can pick up the signed Order and Letters at the Probate Filing Window. (X) THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. The first publication date must be at least 15 days prior to the hearing. This model form, a Notice of Petition to Administer Estate, provides notice of the stated matter. << /Type /ObjStm /Length 213 /Filter /FlateDecode /N 1 /First 4 >> The Probate Examiner will review the documents to make sure they are properly completed and that they are clear as to the specific authority needed. Mark this box if you have requested in the Probate Petition that the estate be administered under the Independent Administration of Estates Act. Petition/Provisional Order of Transfer of Conservatorship to Other State (Rev. AMENDED NOTICE OF PETITION TO ADMINISTER ESTATE OF: DANIEL S. CHEMOTTI, aka DANIEL STEVEN CHEMOTTI, aka DANIEL CHEMOTTI. The information and materials contained on this website are provided for informational purposes only and does not constitute legal advice. This box does not need to be marked if you do not want to mail a copy of the Probate Petition. Note: If you are the person who is asking to be appointed as personal representative, you cannot mail the copies but must have someone else who is not a party mail the documents for you. This form should be given to the Filing Clerk along with all of the other forms, but the clerk will not file the Letters or return any copies to you at the time of filing. !t3|H\231{\221l\2333+\207\201\200J]\\\n=-\bz{>18gf\200epy\203yw#s\231H'i\234x\002Z\205-e\0051XN;XN:\0343U\n\025s?\033\031Ic8a/x@ >Cu\223=\223j|\204X=\024}/,\227\005X6^\0061HW+\222nGn\231\(\2361A;%>*ZKv8=>\001\204\225\203\224g\025-4V#iHa!\206\231\222a\236rF\204wm\234\223\013g\000l$\224"wF::\027\)1\036c\216\220\020]R\226\)\002t\(\007*;gd\206\022\007*\202\013\235.\2265\230h\fR\006c\005J\216\213\227u\023\024c\204\202\023%]+\020\211x#\023=WW\003:\224b\017xB\013`\215*l\215{\001\211x\210\215\2301y/>\212\217n\214L\206\021$\224\020Fz\007\20751Z\020P\003\211\r\004\233!\033a\232%\021\200ZR\0217\224"Y\\o\tTHl6\\9 _\236*\200\226+\034X:\022*\016\034\200q\026.96r\013K\207Q.\223\211\021\032\177;FxP\017Nin\026u\205\204\222\216A=\030tmB\016\236POA\210:M\005O?\002\200\016V\\\030\177\202\237\r\211\231Rt'n4T*bxM-D\024\230\230^\206#tOZV%?l\035:\013\213:\013\232l!\031~y\006\021\206\221\236\220 \202L3;M\213\037\033\023\232&\001$\224y\003WpD\003{f5X\177\\\177vv`b\026:\2260\022\\V\t\2357-y\177s`h,\207j\177|\017\025#tK\b&`\036K\222,MC\027#*\237\013\216\004|\th2\003\230\221 \024\204t\034y\216\035r\214|X,N\033>;Y\023\236\000/mdgJ\0317\177\032P\202\tj\t\037v@\\\235'\007\214\2169"\037\213\\SJ\206Ecg\225\f|\tOFU\234F\226\006]x\021 @ou:\bj\213{3\t\036n\236:\223AOHvBh8rD>\017Wh\t\003\210faK\022\n\002l\230\207m@~8J\212=C\233\000/H\017\207Mq1,^s\nYb\204\217:z\003{\232\210\\@.W!\023P9\016\nV[V:\212\227 \033-\007a\(Vw\201H\212^\210\003ie\036r\005Sn\(\213\032}\027-\(@\005f$g\034\203BX\tbO\004\212w\007u-\016V8OI&d\)W\233\002!\237z\2215\007\002\025\030x7|{:2wB~ A\237m\016\202\rd\202Q\203n?\2266`\034tM\032\031os\020i\216i\035\221\036+\220o\2139A\005Z?\200.\235s\016C\2027\037\\\fX\006\004P\214S4V\002g\226\017\021\235$o5 \013\2212[N\227xX\234ep\023\f\0019\0334\207\01336V[NA\205z\226\(\210\033R\023\000w3eV\227TEzX\207&\200\222\\\016:`Wx\035O\024`zLl\231>W2L\216\222M\tR4\013\2052\207]\205\034w"\b\004e\204%\222Z5fJM#r\021Y+eLC1`}\0247\rO\004wO\fH\201}\(\211\017~\016=\234\037G\201\030o2|\024\n\236\213\\\006U\004F\027\022\224Ue\b\236AV \205Y;~\t\033/X\021\n\033\204D\007\000Z\001\001\231\226\035\024SS\035\nE>cU\nL\214i>\030\002\232K\017Zpt\034\216Db\235--,\007opf\211r\b\000\000\032;\026b\232f\024M;X\236\031\226tw\033\220\204bL\(sDvzb+!8\215\f\003k2[nb>\225\222\023\027\002X\033\205a\207\205jl\032f\030~\221kdp\206\233j]\031\fn\214^\001[.X}\('i/U\(\037@'J0\212\034\226\227\t\204"?'|6"&R\fT+\025{w\0161RCF\\\027\215~n\200O\215{\031\227UY#?#T\236;Y#^\205\016m\006\005a\210\211\021JxG!\216^@Y\002\216\005\231E\205\234eqY\035\001\205L\0348?.IV\217w\230\2004\036w,\024uOEe\021\025\227\rxl!y\022R\217AWn\037 \224:ZMbLfr\024\031\212% \021?\r'\001My\0006R}\036\( ssvI\bu@\0234\035S\000ihH\232\206,^t\214b\b1\223\f\227 Z\035\223q8v6N,DU\025\037Y>LA\016vrch\2216\020\230F{U\221.\207\227q\)\225|u]\210\007'\226r\232$8\216Cl\2328\2305>\217DF{\034.3[W'\004\206v\205Sv/-[\003\212,\b,^$Q&\r[\220\201\)Sr'\007\ff\007d{0;$\220\001\225\rFXr\237|M\201\016\230\216\202\212\210]4O\227UVT~ws\026l=@KWs|\207\037Fqo{\0240\031g=#\221Z\227hCZIJ\t\207P\\\t;0:_\211\034zXN;\031\221W!\016e]\231}M/};d'\(yd\0321X\033P\000sL\217s\b0&%q\232@k\231F1=[\013\203\203a;By}\003,^h@A\\CofG\211\004'\034^X4\020}\211\224u\0305|JB\204G\033\231m/\207uE\0006\210\t~SE\210C\022C\0160tTn=\005\005!Vk\211_]\213\210%\\;qwFh\033\0139E~\017\022W`lk\023\021\017\000\003\t\000Bj\nK\225\215Q/\000> /Filter << /Date (Apr 4 2012 05:54:08) /Name /Adobe.PPKLite /R 131104 /V 2 >> /PubSec << /Date (Apr 4 2012 05:54:08) /NonEFontNoWarn true /R 131104 >> >> /Reference [ << /Data 1 0 R /TransformMethod /UR3 /TransformParams << /Annots [ /Create /Delete /Modify /Copy /Import /Export ] /Document [ /FullSave ] /Form [ /Add /FillIn /Delete /SubmitStandalone ] /Signature [ /Modify ] /Type /TransformParams /V /2.2 >> /Type /SigRef >> ] /SubFilter /adbe.pkcs7.detached /Type /Sig >> >> /Type /Catalog >> Before taking certain very important actions, however, the personal representative will be required to give notice to . [Government Code section 68150 subdivision (c)]. DP Times Daily The court will ordinarily require a non-resident personal representative to file a bond even if the Will waives bond. 30-2022-01262357-PR-LA-CJCTo all heirs, beneficiaries, creditors, contingent cred Notice must be given by first class mail or by personally delivering a copy to each person or entity at least 15 days prior to the hearing. File the signed Proof of Service by Mail with the court. A Request for Special Notice form is available from the court clerk. A copy of the Will must be attached as Attachment 1. (Local Form) Order Establishing Fact of Death: Fee Waiver - Petitioning for Guardianships/Conservatorship. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. [y\ File the Petition for Administration. CASE# 30-2021-01182393-PR-PL-CJC . If a citizen of a foreign country dies without leaving a Will or leaves a Will that does not name an executor, or if it appears from the Will that property will pass to a citizen of a foreign country, then notice must also be given to a recognized diplomatic or consular official of the foreign country, if that official maintains an office in the United States. The court is providing the convenience to appear for hearing by video using the courts designated video platform. In addition, the Estate Administration Checklist will give you a guide to the information BOX 520 SANTA MARIA, CA 93458. You must prepare an attachment for each person as a part of the Petition for Probate. %%EOF A second amended Petition was filed on November 4, 2022, along with a duties/liabilities statement (DE 147), a Final Inventory and Appraisal, and Petitioner re-filed the holographic will. 245 0 obj <>stream Information & FAQs for Preparing the Petition, Clerk's Office Appointments (Civil or Family), Child Custody, Guardianship and Domestic Violence Recommending Counseling, Pre-grants, Continuances, Drops, & Tentative Rulings, Archived General Orders Regarding COVID-19, Alameda - George E. McDonald Hall of Justice Livestreams, Dublin - East County Hall of Justice Livestreams, Oakland - Administration Building Livestreams, Oakland - Ren C. Davidson Courthouse Livestreams, Oakland - Wiley W. Manuel Courthouse Livestreams, San Leandro - Juvenile Justice Center Livestreams, Petition for Probate (Form DE-111) and all attachments, Notice of Petition to Administer Estate (Form DE-121), Duties and Liabilities of Personal Representative (Form DE-147), Proof of Holographic Instrument (Form DE-135), Proof of Subscribing Witness (Form DE-131), Surviving Spouse (BUT: if a divorce action has been filed but not completed before the decedent's death and the surviving spouse was living separate and apart from the decedent at the date of death, then the surviving spouse is entitled to appointment after the decedent's brothers and sisters), Brothers and sisters (including half brothers and sisters, but not stepbrothers and stepsisters see issue of a predeceased spouse), Issue of brothers and sisters (nieces and nephews), Issue of grandparents (aunts and uncles first, then cousins), Conservator or guardian of the estate acting in that capacity at the time of death who has filed a first account and is not acting as conservator or guardian for any other person, Any other person (neighbors, friends, other non-relatives). Subscribe today. Dont get the DP Times delivered to your home? A Will is "proved" and will be admitted to probate if it has been prepared and executed correctly under California law by an adult who at the time of signing had testamentary capacity and was not acting under undue influence. You may refer to the adjudicated newspapers list of newspapers. A Request for Special Notice form is available from the court clerk. You may also need to file the following forms if you need to prove a Will: Give proper notice by mail to all interested persons. Home Self-Help Probate WILLS AND TRUSTS Preparing the Petition for Probate. Use the names and addresses that were listed in Item 8 of your Probate Petition to provide Notice of Petition and a Copy of the Probate Petition. Lets get started on how fill out and file this form. They also provide information on receiving special notice and examining the file kept by the court. The reason for these notices is to give people a chance to object. If you wish to appointed but there are other family members higher in priority, each one of those persons must decline to serve, in writing. endstream endobj 176 0 obj <. NOTE: In light of the pandemic related to COVID-19 and until further notice, electronic submission of bonds and letters will be allowed and require a signature (digital or otherwise). A bond is required of all personal representatives to protect interested persons, including beneficiaries and creditors, against the wrongdoing of the personal representative. Court and the state Department of Revenue Administration (DRA), a Timeline which gives some of the deadlines you should be aware of when administering an estate, and a basic Glossary of terms. List your address and telephone in this section. Publication and service of a Notice of Petition to Administer Estate (form DE-121) under Probate Code sections 81108125 is sufficient notice of any instrument offered for probate that is filed with, and specifically referred to in, the petition for which notice is given. Appear before the court at the scheduled hearing date. If there is no Will, or if the Will does not nominate an executor (or the persons nominated are unable to serve due to death or because they do not want to serve), then persons related to the decedent are entitled to be appointed in the following order. 3. Go to the Courts website at The Superior Court of California County of Orange (occourts.org) to appear remotely for Probate hearings and for remote hearing instructions. General information about the different types of wills is as follows: Attested Wills are usually prepared by an attorney, in typewritten form, and are signed in front of two (or three) disinterested witnesses who are not receiving any gifts under the Will. z/ZA +C9aa4 L]{{&mz:=VkKf}xsuGIzHX]H,!c@W&LQL$. See the adjudicated newspapers document for a list of approved newspapers for Orange County with phone numbers and addresses. Sign up here. You will need to use this form to give notice to interested persons and for publication. Fill out the information the same as what you filled out on your Petition for Probate form DE-111. If you prefer to appear in-person, you can appear in the department on the day/time set for your hearing.If you object to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. (GC-020) Notice of Hearing - Guardianship or Conservatorship, (GC-020(P)) Attachment to Notice of Hearing for Personal Service, Instructions for Proof of Service and Due Diligence, (Local Form) Declaration of Due Diligence, Instructions for Screening Form, UCCJEA, and Duties, (GC-212) Confidential Guardian Screening Form, (GC-120) Declaration under Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), (GC-120(A)) Attachment to Declaration under UCCJEA, (GC-211) Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and Waiver of Notice, (GC-210) Petition for Appointment of Guardian of Minor, (GC-110(P)) Petition for Appointment of Temporary Guardian of the Person, (GC-140) Order Appointing Temporary Guardian, (GC-150) Letters of Temporary Guardianship, (GC-110) Petition for Appointment of Temporary Guardian of Minor, (GC-255) Petition for Termination of Guardianship, (GC-085) Petition to Fix Residence Outside the State of California, (GC-090) Order Fixing Residence Outside the State of California, (GC-220) Petition for Special Immigrant Juvenile Findings, (GC-224) Order on Special Immigrant Juvenile Findings, (GC-079) Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward, (ICWA-030) Notice of Child Custody Proceedings for Indian Child, (ICWA005) Information Sheet On Indian Child Inquiry Attachment and Notice of Child Custody Proceeding for Indian Child, (GC-310) Petition for Appointment of Probate Conservator, (GC-313) Attachment Requesting Special Orders Regarding a Major Neurocognitive Disorder, (GC-348) Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators, (Local Form) Conservatorship Video Viewing Certificate, (GC-312) Confidential Supplemental Information, (GC-314) Confidential Conservator Screening Form, (GC-335A) Attachment to Capacity Declaration for Conservatee with a Major Neurocognitive Disorder, (GC-340) Order Appointing Probate Conservator, (GC-380) Petition for Exclusive Authority to Give Consent for Medical Treatment, (GC-385) Order Authorizing Conservator to Give Consent for Medical Treatment, (GC-333) Ex Parte Application for Order Authorizing Completion of Capacity DeclarationHIPAA, (GC-334) Ex Parte Order Re Completion of Capacity DeclarationHIPAA. "Administration of Estate" refers to the actions necessary to guide an Estate through the probate process. hT?KBa^ZPdDTC64*;gPKCCj 'i+s ys8d4,M{X8L($S9hSnI8/f)x[U% ?#Cuf#K9#KtZol*Iw,LVqgU3T{ydeTMI/m.n(Kb Your appearance may be in person or by your attorney. Notice of this Petition was filed on October 26, 2022. Support Local Journalism Only Mark this box if you have a will or codicil of the decedent. This is an advertising platform. Copyright 2021 - Southern California Law Advocates, P.C. You should use the Petition for Probate form, Judicial Council Form DE-111, including an Attachment under Section 3.f. Below is a list of all incorporated cities in Riverside County, and the newspapers adjudicated for each city: Ask the newspaper whether it will file the Affidavit directly with the court or send it to you. Look at your Probate Petition to determine this. Address of Court: Costa Mesa Justice Center, 3390 Harbor Boulevard, Costa Mesa, CA 92626. A copy of the Will must be attached as Attachment 4. Letters of Special Administration could also be issued if the decedent sold real property and opened an escrow but died before the escrow was closed. endstream endobj startxref Check to make sure that all of the persons and entities listed under 9 of the Petition for Probate have been given notice. For less than the cost of a couple of cups of coffee a month, become an Insider member and continue to get Local News You Can Use from the only independently owned, dedicated local news organization in South Orange County. File your signed Proof of Service (the reverse side of Form DE-121) and signed Proof of Publication with the court. Instead use the following form and all other documents listed under Temporary Guardianship Forms, (FW-001-GC) Request to Waive Court Fees (Ward or Conservatee), (FW-003-GC) Order on Court Fee Waiver (Ward or Conservatee), (DE-121) Notice of Petition to Administer Estate, (DE-147S) Confidential Supplement to Duties and Liabilities, (DE-310) Petition to Determine Succession to Real Property, (DE-315) Order Determining Succession to Real Property, (DE-300) Maximum Values for Small Estate Set-Aside & Disposition of Estate without Administration, (DE-221) Spousal or Domestic Partner Property Petition, (DE-226) Spousal or Domestic Partner Property Order, (DE-305) Affidavit Re: Real Property of Small Value, Declaration/Affidavit of Transfer of Personal Property without Probate, (DE-260) Report of Sale and Petition Confirming Sale of Real Property, (DE-265) Order Confirming Sale of Real Property, (DE-350) Petition for Appointment of Guardian Ad Litem, (DE-351) Order Appointing Guardian Ad Litem, (DE-142) Waiver of Bond by Heir or Beneficiary, (DE-165) Notice of Proposed Action (Objection/Consent), (DE-166) Waiver of Notice of Proposed Action, (DE-172) Allowance or Rejection of Creditors Claim, (DE-295) Ex Parte Petition for Final Discharge and Order, (GC-210P) Petition for Appointment of Guardian of Minor of the Person, (GC-210(CA)) Guardianship Petition-Child Information Attachment. The notice of petition must be served via first class mail to all interested parties, beneficiaries, and heirs. 5!\sfP+SX_O7A(zG"f /-B- After the copies have been mailed or delivered, have the person who mailed the documents complete the Proof of Service by Mail on the reverse side of the Notice of Petition to Administer Estate and sign the Proof of Service by Mail. Click on the type of forms below to access or for more information. (Italicized terms in the text are defined in the Glossary.) It is also recommended (but not required) that each person be sent a copy of the Petition for Probate with all attachments. A holographic Will may be admitted to probate if the testator's handwriting can be proved by the testimony of at least one witness who was personally acquainted with the testator and has personal knowledge of the testator's handwriting. Sign and print your name below the declaration and date the document. Do not mark this box if the decedent died without a will. 7/19) PC-244A: Waiver of Right to . If the city where the decedent resided publishes a qualified newspaper, that newspaper must be used, even if other newspapers are also sold or distributed within the city and the decedent never read the designated newspaper. BERLIN (AP) Berlin's first conservative mayor in 22 years took office on Thursday following a state election in which he capitalized on discontent in the German capital. Arrange for publication in the proper newspaper. A Will is "proved" and will be admitted to probate if it has been prepared and executed correctly under California law by an adult who at the time of signing had testamentary capacity and was not acting under undue influence. The option for b generally pertains to businesses that mail documents. You will need the original and at least one copy. The requirements for publication of the Notice of Petition to Administer Estate ( Judicial Council Form DE-121) are: Three publications, with the first publication date at least 15 days before the hearing on the petition and at least 5 days between the first and last publication in newspapers that meet certain criteria. 84&`(X*$^g`9`, 03,@34,iY9S@+&UA-)H dBKp*x/ A HEARING on the petition will be held on: a:Date:05/31/2023 Time:10:30a.m. A Request for Special Notice form is available from the court clerk.Attorney for Petitioner: Daniel W Abbott, Esq. 0 %%EOF Make sure the front side of the Notice has been completely filled out. ,Q*L)n ,) {vp,ylt~6vdmX&+LkC{uv!2|qLo]!pC|&@Iq 'I4TjeHAH%=M $Bd{j.YKTendstream This site works best with JavaScript enabled, Probate Conservatorship Accounting Portal, Closing and Distributing the Probate Estate. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. endobj Petition/Provisional Order Accepting Transfer of Conservatorship from Other State (Rev. Get important news and updates delivered straight to your inbox. Dept. Dana Point Trolley Information & Route Map, Swallows Day Parade & Mercado Event Guide. If you have difficulty connecting or are unable to connect to your remote hearing, call 657-622-8278 for assistance. hbbd``b`$ OH0[X@m[Pd100Ag i The court will ordinarily require a non-resident personal representative to file a bond even if the Will waives bond. The first publication date must be at least 15 days prior to the hearing. Do you qualify and are you entitled to be appointed? The form will be placed in the judge's file for the Probate Examiner to review prior to the hearing. Letters of Special Administration are temporary Letters that can be approved by the Probate Judge for a specific purpose on an ex parte basis (without a hearing). Share this article. (a) Hearing Date Information: Fill out the date, time, Dept, Room of hearing date based on the date assigned by the court clerk. Also see notice and wills (if the decedent left a Will) located below in this section. To avoid calculation issues, we recommend that filers download and save forms in PDF format using Adobe Reader DC. The will and any codicils are available for examination in the file kept by the court. View DE-121 Notice of Petition to Administer Estate form. Bond can be reduced by requesting limited authority (so that real property cannot be sold without a court order), or by agreeing to deposit marketable securities and/or cash not required for estate administration into a blocked account that cannot be withdrawn without a court order. %PDF-1.6 The first publication date must be at least 15 days . If you are uncertain about the meaning of any of the words in the Petition, check the Glossary section of this website to see if that word is defined or explained. There are basically three types of wills: Attested Wills, Holographic Wills, and Statutory Wills. Other California statutes and legal authority may affect your rights as a creditor. 0 You must contact the newspaper and provide them with a copy of the Notice of Petition to Administer Estate. << /Type /ObjStm /Length 3689 /Filter /FlateDecode /N 100 /First 851 >> A bond is not required if the Will waives the bond requirement, or if all beneficiaries sign a waiver of the bond requirement and the written waivers are attached to the Petition for Probate. You should use the Petition for Probate form, Judicial Council Form DE-111. Look at the information you filled out on DE-111 and fill this section in. Date: (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)(SIGNATURE OF PERSON COMPLETING THIS FORM) The caption and the decedent's name must be printed in at least 8-point type and the text in at least 7-point type. A copy of the Notice of Petition to Administer Estate must be published three times in the legal notice section of a newspaper of general circulation in the city where the decedent resided, with at least five days between the first and last publication (not counting the publication dates). You must have a party who does not have any interest in the estate mail a copy of the Notice of Petition to Administer Estate and a copy of the Probate Petition and documents. However, the testator must use great care to follow carefully the instructions for choosing an executor and deciding how property is to be distributed in order to complete the Will properly. did this information help you with your case? A bond is required of all personal representatives to protect interested persons, including beneficiaries and creditors, against the wrongdoing of the personal representative. The court staff personnel cannot advise you how to complete the various forms required as part of the probate proceeding. A person who has priority for appointment but does not wish to serve may decline and nominate another person as personal representative. In addition, Letters of Special Administration will ordinarily be approved only for the specific purpose requiring immediate attention, and the Order Appointing Special Administrator must include an attachment identifying the specific powers given to the Special Administrator.
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