Estate of Kathleen Gregory Carriere Stark

Case Number

22PR00363

Case Type

Hearing Date / Time

Tue, 02/11/2025 - 09:00

Nature of Proceedings

Petition to Determine Claim to Property

Tentative Ruling

Probate Notes:

Appearances required. 

Any respondent, or person claiming title to the property at issue in this case, must file a written objection before the hearing.  The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.

The Court may also want to encourage an amendment to the prayer for relief in the petition, because the Court cannot grant the following prayer for relief as outlined below:

Determining that all funds held in Frank Stark’s account with Fidelity, account number ending in [xxxx], at the time of Frank Stark’s death are rightfully the property of Petitioner, as administrator of Frank’s Estate, and are to be transferred to Petitioner in that capacity.

The Court cannot grant this request as worded in the prayer, because if the Court granted the request exactly the way the language of the request is worded, the Court would be transferring title to Ronda Stark, not the Estate of the Decedent, Frank Stark. 

This request (as worded) is inappropriate because this Court has not yet determined title of the funds passes to the petitioner as an heir of the Estate of Frank Stark.  A court order granting title to the administrator of an estate would be transferring title to the administrator personally, not to the decedent’s estate, and would undercut the entire probate process by passing title to an heir via Probate Code section 850, without the protective measures and procedures in place to protect all creditors and heirs of Mr. Stark’s estate.  

The proper title holder of property that belonged to Frank Stark upon his death is technically Mr. Stark’s estate, but more rightfully Mr. Stark, until the estate is administered and a court order distributes the property to the rightful successor(s) in interest:

The “estate” of a decedent is not an entity known to the law. It is neither a natural nor an artificial person. It is merely a name to indicate the sum total of the assets and liabilities of a decedent, or of an incompetent, or of a bankrupt. 11 Cal.Jur. 79. In order for a civil action to be prosecuted, there must be some existing entity aimed at by the processes of the law, and against whom the court's judgment will operate. 1 Bouvier's Law Dictionary, Rawle's Third Revision, 1075, defines an “estate” to be a word used to describe a condition of property, not to describe its owner.

(Tanner v. Best's Estate (1940) 40 Cal.App.2d 442, 445.)

Therefore, the Court cannot grant the third prayer for relief, as presented.

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: 160 543 3416

Passcode: 5053334