Estate of George Stephen Cochran

Case Number

23PR00491

Case Type

Hearing Date / Time

Mon, 08/12/2024 - 08:30

Nature of Proceedings

Petition for Letters of Special Administration

Tentative Ruling

Probate Notes:

Appearances required. 

The petition is recommended for denial.  Rarely, if ever, are Letters of Special Administration appropriate after Letters of General Administration have been issued.  Petitioner not only failed to use the mandatory Judicial Council form DE-111 to bring this petition, but the petition itself is an improper request to appoint a “substitute Administrator,” which is not anything recognized by the law.

“A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from office under Article 6 (commencing with Section 8500), or whose authority is otherwise terminated.”  (Prob. Code, §8520.)  The Petition for Probate (Judicial Council Form DE-111) is a mandatory form and is to be used when a “successor personal representative” is needed, as in this case. (Prob. Code, §8522.)  The reasons for a successor representative should be listed in Attachment 3g(1)(d) (when appointment is for successor executor or successor administrator with will annexed) or 3g(3) (when appointment is for successor administrator), as appropriate. Additionally, item 3g(4) should be checked if the proposed personal representative would be a successor to a prior personal representative. Furthermore, the mandatory Notice of Petition to Administer Estate (Judicial Council Form DE-121), Order for Probate (Judicial Council Form DE-140), and Letters (Judicial Council Form DE-150) must be used in this situation.

The successor personal representative must also be given a statement of the duties and liabilities of the office and must file an acknowledgment of receipt of the Judicial Council form Duties and Liabilities of Personal Representative (Judicial Council Form DE-147) before letters will be issued. (Prob. Code, §8404(a); CRC, Rule 7.150.)

If the petition desires to be appointed as the successor personal representative of the estate, a proper petition filed on the appropriate Judicial Council form must be filed.