Estate of Ermalinda Avila

Case Number

24PR00264

Case Type

Hearing Date / Time

Wed, 07/16/2025 - 08:30

Nature of Proceedings

Court Trial Setting

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 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:         At issue

Probate Code section 8250(a) requires personal service on all heirs/devisees.  Proofs of Service on file show summons has been served on all persons entitled to notice.

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