Estate of Larry Warren Covington

Case Number

22PR00158

Case Type

Hearing Date / Time

Tue, 09/12/2023 - 09:00

Nature of Proceedings

Petition for Removal of Probate Referee

Tentative Ruling

Probate Notes:

Appearances required. The following is noted for the Court:

Petitioner used the Local Form (SC-6000) to request what amounts to a petition to remove the Probate Referee assigned to the case. The Local Form was not drafted for such relief and was means to have paragraph 2, subdivisions a and b filled out, not just subdivision b as was done here.

A Probate Referee may be removed pursuant to Probate Code section 8924, which requires cause, which includes “incompetence, undue delay” … etc.  This type of relief requires a noticed petition pursuant to section 8924.[1]

Since no good cause was shown for removal of the currently assigned referee, and this motion was not noticed per the section 8924 requirement, it is recommended the Court deny this petition.

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[1] The court shall remove the designated probate referee in any of the following circumstances:

(1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.

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