Estate of Ermalinda Avila
Estate of Ermalinda Avila
Case Number
24PR00264
Case Type
Hearing Date / Time
Wed, 03/12/2025 - 08:30
Nature of Proceedings
Trial Confirmation Conference
Tentative Ruling
Probate Notes:
Appearances required.
The following is noted for the Court at the hearing:
Procedural Posture
Petition for Probate and Letters Testamentary – Filed April 29, 2024
Petitioner: Evelyn Catherine Avilla Lee
Status: At issue
Objection was filed by Jeffrey Avila Vargas on July 8, 2024, a competing petition for appointment as personal representative on July 18, 2024, and a properly served objection with summons on all but two persons entitled to notice, creating a contest over admission of the will to probate, and appointment of a personal representative, which requires Evidentiary Hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)
Amended Will Contest – Filed October 4, 2024
Objector: Jeffrey Avila Vargas
Status: No written objection is on file, and there are still service defects.
Probate Code section 8250(a) requires personal service on all heirs/devisees. There are Proofs of Service to that amended Will Contest on file, resulting in the following status of service to know heirs/devisees:
No Service
- Estate of Eric Jacob Vargas
- Regina Vargas Gonzales
- Marcus Elias Vargas
Proper Service
- Evelyn Catherine Avila Lee (rep’d. by Megan N. Bowker)
- Jeffrey Avila Vargas
- David Charles Avila Lee
- Yazmin Mane Grizzanti
- Gloria Gaitan
- Joseph Patrick DeLira
Any service defect of the amended Will Contest can be cured by personal appearance of “each heir of the decedent” (Prob. Code, §8110(a)) and “[e]ach devisee, executor, and alternative executor named in any will being offered for probate” (Prob. Code, §8110(b)).
The Court struck from record Ms. Avila Lee’s ‘Reply’ on December 4, 2024. Ms. Avila Lee claimed the Reply an objection, but no subsequent pleading objecting to the will contest is on file after the Reply was stricken from the record.
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 161 956 1423
Passcode: 137305