Estate of Joan Rae Hunt (UPDATED 2/5/24)

Case Number

23PR00586

Case Type

Hearing Date / Time

Tue, 02/06/2024 - 09:00

Nature of Proceedings

Petition for Probate and Letters of Administration

Tentative Ruling

Probate Notes:

Appearances required. The following must be submitted:

Proof of Re-Publication or clarification of powers.  Neither the petition (¶2c), the Proof of Publication, nor the Notice of Petition to Administer the estate (¶5), indicates what level of IAEA powers are sought by the petitioner.  This is further clouded by the lack of indication of any powers in the proposed order.  IF petitioner desires full IAEA authority, re-publication must occur.  IF the petitioner desires limited authority, publication is sufficient.

Nomination of Administrator.  Petitioner does not have priority of administration over any heir pursuant to Probate Code section 8461. Decedent’s will lists one person as the executor, with no successor and alternate.  That one person declined to serve, leaving the matter governed by probate 8460 et seq.  According to that authority, the only known heir of the Decedent has priority over the proposed personal representative.  Please submit a nomination from that heir all those with equal or greater priority.

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

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).