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Estate of Nobuko Hirata

Case Number

23PR00390

Case Type

Decedent's Estate

Hearing Date / Time

Mon, 09/25/2023 - 08:30

Nature of Proceedings

Petition for Probate and Letters Testamentary

Tentative Ruling

Probate Notes:

The following must be submitted:

Trust Instrument.  The Petition and/or accompanying documents reveal the existence of a trust. A copy of the trust, and all accompanying amendments, must be submitted for review, to ensure compliance with the Decedent’s testamentary intent and notice to individuals who might otherwise not be given notice. (Local Rule, 1791(c).)

Original Will.  A will and any codicil to that will must be lodged with the Court. (Prob. Code, § 6110.)  It is insufficient to attach a copy of the will to the petition without lodging the original. If the will is holographic, “the petitioner shall also attach a typed copy of the will.”  (Prob. Code, §80029b)(1).)  No typed copy of the will was submitted.  If the original is lost, petitioner must amend the Petition to provide an attachment alleging why the presumption of destruction in Probate Code section 6124 should not apply, or provide evidence overcoming the presumption of destruction.

Supplement to the Petition.  A supplement to the petition listing all known heirs must be provided, even if those heirs are deceased, including “all beneficiaries of a trust named in decedent’s will.” (Pet. at ¶8.)    The Court has discretion to require service to these heirs pursuant to Probate Code section 1202.

Proposed Order (Form DE-140).  A proposed order must be submitted with relief that matches that requested in the petition.  No such document was filed with the court.

If the documents curing these deficiencies are not processed by 8:00 a.m. on September 21, 2023, 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).

Meeting ID: 161 797 5412

Passcode: 8749009

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