Estate of Harleyetta Cunningham Duke
Estate of Harleyetta Cunningham Duke
Case Number
24PR00262
Case Type
Hearing Date / Time
Tue, 06/18/2024 - 08:30
Nature of Proceedings
Petition for Letters of Administration
Tentative Ruling
The following must be submitted:
Improper waiver. Petitioner filed a document titled “Stipulation and Order Regarding Waiver of Inheritance Share By Beneficiaries”. There is no such waiver authorized by the Probate Code, and the stipulation should be stricken pursuant to Probate Code section 436(b).
If the heirs of this estate desire to transfer their right to take from the estate, the proper procedures are outlined in the Probate Code. An heir may “assign” their right or “disclaim” their right pursuant to Chapter 2, Part 8, of Division 2 of the Probate Code.
Proof of Publication. No proof of publication was filed.
Jurisdiction of the Probate Court is obtained by publication in accordance with Probate Code section 8121. (Prob. Code, § 8003(b).) Publication requires the notice to be published in a newspaper adjudicated as a newspaper of general circulation in the city of decedent’s residence (Prob. Code, §§ 8121, 7122) and to contain the substantially same language and format shown in Probate Code section 8100. If the city of decedent’s residence has no newspaper adjudicated as a newspaper of general circulation, publication must occur “in a newspaper of general circulation in the county which is circulated within the area of the county in which the decedent resided or the property is located.” (Prob. Code, §8121(b).)
Duties and Liabilities Acknowledgement (Form DE-147). The proposed personal representative must completely fill out and sign this form and submit it to the court. (Prob. Code, § 8404.) The form, as submitted, does not contain all information required. The form CLEARLY states an address and telephone number are required.
Nomination of Administrator. Petitioner does not have priority of administration over Monica Duke or Angela Corn pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority.
Supplement to the Petition. The Petition alleges Decedent was survived by a spouse who post-deceased the Decedent, but does not adequately list the post-deceased spouse’s name and date of death at paragraph 8. A supplement to the petition listing that information must be submitted.
Proposed Order (Form DE-140). A proposed order must be submitted with relief that matches that requested in the 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 petition. No such document was filed with the court.
If the documents curing these deficiencies are not processed by 8:00 a.m. on June 17, 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.
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).