Estate of Danielle Leah Plastino
Estate of Danielle Leah Plastino
Case Number
23PR00316
Case Type
Hearing Date / Time
Mon, 09/11/2023 - 08:30
Nature of Proceedings
Petition: Probate Will & Letters of Administration - Will Annexed
Tentative Ruling
Probate Notes:
Appearances required. The following issues must be resolved before the letters will issue:
Guardian ad litem. Petitioner is Decedent’s ex-husband, dissolution (status only) having been entered May 2, 2019. The proffered Will would normally treat petitioner as pre-deceased pursuant to Probate Code section 6122, were it executed before the date of dissolution. Although section 6122 does not apply to a probate transfer executed after the date of dissolution (like the proffered Will here), the fact that all intestate heirs of the Decedent (i.e. her three children) are all minors and would take the entire estate equally, but-for the proffered holographic will, creates a situation where the children not only must receive notice of the proceedings personally (i.e. not in care of petitioner [Prob. Code, §1220]), but must be appointed a guardian ad litem without conflict of interest to ensure their interests are represented.
Waivers of Bond ambiguity. Bond was waived by petitioner and no other, but no waiver was requested in the petition. Bond must be waived by all heirs at law. Petitioner must file bond waivers (Form DE-142) via an appointed Guardian ad litem for all minor heirs in this case, because the will does not waive bond.
It is strongly recommended the Court does not waive bond in this case.
Nomination of Administrator. Petitioner does not have priority of administration over the other siblings/children of the Decedent pursuant to Probate Code section 8461. Two persons not listed as potential heirs in paragraph 8 of the petition submitted Nominations of Administrator. Please identify via supplement who these persons are in relation to Decedent, and submit a nomination from the guardian ad litem of the minors, who have greater priority.
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