Estate of Hortencia M Polta
Estate of Hortencia M Polta
Case Number
22PR00034
Case Type
Hearing Date / Time
Mon, 10/30/2023 - 08:30
Nature of Proceedings
Petition: Letters Administration
Tentative Ruling
Probate Notes:
Appearances required. The petition filed by Ira A. Fouquette on September 15, 2023, received objection by Erik Polta on October 11, 2023, which places this matter at issue requiring Evidentiary Hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)
The following defects with the Petition filed by Ira A. Fouquette are noted for the Court:
Proof of Service of Notice of Hearing (Form DE-121). 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, §§ 8100 & 8110.) Notice must be sent to the person, not the person’s representative. (§1220.) No such document was filed.
Duties and Liabilities Acknowledgement (Form DE-147). The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, § 8404.) No such form was submitted.
Nomination of Administrator. Petitioner does not have priority of administration over any other heir pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority.
Proposed Order (Form DE-140). A proposed order must be submitted with relief that matches that requested in the petition. No such document was filed with the court.
Proposed Letters (Form DE-150). Proposed letters must be submitted with relief that matches that requested in the petition. No such document was filed with the court.
The following defect with the Objection is noted for the Court:
No competing petition. When appointment of a personal representative is contested, Probate Code section 8004 requires a competing petition be filed and served in accordance with Probate Code section 8110 [15 days, mail or personal service to all entitled to take by intestate, and each devisee, executor, and alternative executor]). (Prob. Code, § 8004, subd. (a).)
Bond will be set according to the parameters required in Probate Code section 8482.
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 161 797 5412
Passcode: 8749009