Estate of Hortencia M Polta
Estate of Hortencia M Polta
Case Number
22PR00034
Case Type
Hearing Date / Time
Mon, 10/28/2024 - 08:30
Nature of Proceedings
Petition: Preliminary Distribution
Tentative Ruling
Probate Notes:
Appearances are required.
The following must be submitted:
Supplement. From the allegations in the petition, it does not appear that all persons entitled to distribution are properly identified. Please submit supplement showing all heirs of the Decedent now living, and show the predeceased heirs and their dates of death. The supplement should also contain a more accurate family tree of the Decedent’s predeceased spouse (David Polta), including the spouses living and deceased heirs.
Supplement should also include factual allegations showing why the estate is not currently in a condition to be closed so that Final Distribution should be sought over preliminary distribution.
Proof of Service. Petition must be served at least 15 days before the hearing and Proof of Service filed with the court. (Prob. Code, §§ 11601, 1220.) Notice must be given to each known heir, devisee, personal representative, and special notice requestor. Due to the confusion of the family tree submitted with the petition, many of the heirs of David Polta do not appear to have been served.
Bond. The supplement should also address whether bond must be required. If the court will make the order before 4 months from general letters, the court must require bond in amount of distribution by the distributee. (Prob. Code, § 11622.)
Creditors. The court cannot grant a petition for preliminary distribution if distribution will harm any creditor. (Prob. Code, § 11621.) The supplement should address what creditors have not been paid.
Actions without court approval. The Petition must report actions taken without court approval (nature, timing, notice, objections) per CRC, Rule 7.250.)
If the documents curing these deficiencies are not processed by 8:00 a.m. on October 25, 2024, it is recommended that the matter be continued to a date set 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: 161 797 5412
Passcode: 8749009