Estate of Hortencia M Polta

Case Number

22PR00034

Case Type

Hearing Date / Time

Mon, 11/03/2025 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

The following must be submitted:

Notice to Relevant State Entities.  Notice of the petition must be served to any of the following state entities, if relevant:

• Department of Health Services - If decedent, or the surviving spouse of decedent, received any state-paid healthcare benefits (i.e. Medi-Cal), notice must have been given to Department of Health Services not later than 90 days after letters issued (§9202, subd. (a))
• Director of the California Victim Compensation and Government Claims Board - If an heir or beneficiary is or has previously been confined in CDCR facility, county or city jail, road camp, industrial farm, etc., notice must have been given to the Director of the California Victim Compensation and Government Claims Board not later than 90 days after letters issued (§ 9202, subd. (b))
• State Board of Equalization - If decedent paid any taxes pursuant to Sales and Use Tax Law (Rev. & Tax. Code § 6487.1), Bradley-Burns Uniform Local Sales and Use Tax Law (Rev. & Tax. Code § 6487.1), Transactions and Use Tax Law (Rev. & Tax. Code § 6487.1), Motor Vehicle Fuel License Tax Law (Rev. & Tax. Code § 7675.1), Use Fuel Tax Law (Rev. & Tax. Code § 8782.1), Administration of Franchise and Income Tax Law (Rev. & Tax. Code § 19517), Cigarette Tax Law (Rev. & Tax. Code § 30207.1), and Alcoholic Beverage Tax Law (Rev. & Tax. Code § 32272.1), notice must have been given to the State Board of Equalization.
• Employment Development Department - If decedent owed unemployment insurance, notice must have been given to the Employment Development Department (Unemp. Ins. Code, § 1090)
• Department of State Hospitals - If decedent, or his spouse, father, mother, or child, has been a patient in a state hospital preceding the date of decedent's death, notice must have been given to the Department of State Hospitals (Welf. & Inst. Code, § 7277.1)
• Attorney General - If estate may involve a devise to a charitable trust without a designated trustee, or a devise for charitable purposes without an identified devisee, notice must be served on the Attorney General (Prob. Code, § 8111)

Proposed Order.  A proposed order must be submitted with relief that matches that requested in the petition. (Local Rule 1724(b), subd.(d).)  Order must list every beneficiary and detail the shares to each, and must expressly state limitations or conditions on distribution.  (Prob. Code, § 11603.)  IF whereabouts of a distributee are unknown, the Proposed Order must provide for alternate distributes, and detail the share to which they are entitled per PC § 11603(c).  It is highly recommended petitioner use Local Form SC-6029.  No such document was filed with the court.

If the documents curing these deficiencies are not processed by 8:00 a.m. on November 3, 2025, 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: 161 797 5412

Passcode: 8749009