Estate of Percy E. Nelson (UPDATED 3/18/24)

Case Number

24PR00051

Case Type

Hearing Date / Time

Tue, 03/19/2024 - 08:30

Nature of Proceedings

Petition for Probate of Lost Will and Letters Testamentary

Tentative Ruling

Probate Notes:

Appearances required.  The following is noted for the hearing:

Presumption of Destruction.  Petitioner admits the original is lost, and the attachment to the petition at 3f(3) does not adequately explain why the presumption of destruction in Probate Code section 6124 should not apply.  Thus, the allegations in the attachment to the petition are insufficient to overcome the burden.  (Estate of Trikha (2013) 219 Cal.App.4th 791, 804 [substantial evidence required to overcome presumption]. See also Lauermann v. Superior Court (2005) 127 Cal.App.4th 1327, 1333 [Duplicate Original not usually sufficient].)

As a result, it is recommended the Court find the Decedent destroyed the will with intent to revoke, reject admission of the copy of the will to probate, and find Decedent died intestate.