Estate of David Van Cortlandt Crosby

Case Number

24PR00066

Case Type

Hearing Date / Time

Mon, 04/08/2024 - 08:30

Nature of Proceedings

Petition for Probate and Letters Testamentary

Tentative Ruling

Probate Notes:

The following is noted for the Court:

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 all persons listed in a trust as beneficiaries, contingent beneficiaries, trustees, successor trustees, and contingent trustess.  The Court has discretion to require service to these heirs pursuant to Probate Code section 1202.

Proof of Service of Notice of Hearing (Form DE-121).  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.)  The following persons were listed in the trust but not in the petition, were not served, and must be so served:

• Crystal Melendez
• Robin Williams
• Marsha Williams
• Sam Nappi
• Carol Nappi

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).