Estate of Francis Edwin Robertson

Case Number

23PR00505

Case Type

Hearing Date / Time

Tue, 04/30/2024 - 09:00

Nature of Proceedings

Petition for Letters of Administration

Tentative Ruling

Probate Notes:

Appearances required.  The following must be submitted:

Proof of Service of Notice of Hearing (Form DE-121).  The Court cannot approve a petition without every person entitled to notice having been given notice of the hearing and a copy of the petition.  Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors.  (Prob. Code, §§ 8100 & 8110.) Notice must be sent to the person, not the person’s representative. (§1220.) 

It appears no one on the paternal side of the family has been listed in the petition, nor given service of notice of hearing or copy of the petition.  No service to heirs past the second degree will be required, unless a first cousin is deceased, and that person’s date of death is after July 24, 2023, and that person left issue.

Duties and Liabilities Acknowledgement (Form DE-147).  The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, § 8404.)  No such form was submitted.

This form is not required for public administrators or trust companies. (§8404(a)), but is required for Private Professional Fiduciaries.

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.)  Paragraph 8 of the petition specifically requires listing even deceased heirs, and this Court requires heirs to the second degree, especially in intestate estates.  The Court has discretion to require service to these heirs pursuant to Probate Code section 1202. 

Petitioner need not list heirs past the second degree (i.e. first cousins not removed), unless a first cousin is deceased, and that person’s date of death is after July 24, 2023, and that person left issue.

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

Proposed Letters (Form DE-150).  Proposed letters must be submitted with relief that matches that requested in the amended petition.  No such document was filed with the court.

If the documents curing these deficiencies are not processed by 8:00 a.m. on April 29, 2024, 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.