Estate of Sheila Victoria Garcia

Case Number

24PR00375

Case Type

Hearing Date / Time

Tue, 07/08/2025 - 09:00

Nature of Proceedings

Competing Petitions for Administration

Tentative Ruling

Probate Notes:

Appearances required.

On June 25, 2024, a Petition for Probate of the Decedent’s Will and Letters Testamentary was filed by Mary Scott. That Petition received written objection by Michael Thibault on August 19, 2024, placing this matter at issue, and requiring 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.) 

Mr. Thibault amended his objection on September 23, 2024.  Mr. Thibault’s objection appears to be contesting both the will and the appointment of Mary Scott as personal representative.  Ms. Scott filed an answer to the Amended Objection of Mr. Thibault.

Mr. Thibault filed a competing petition for administration, but did so erroneously in a separate, new case (25PR00007).  The Petition should have been filed in the same case, thus was stricken on the Court’s own motion pursuant to CCP section 436(b). (See Min. Ord. of Jan. 14, 2025.)  Mr. Thibault re-filed the petition in case no 24PR00375 on January 22, 2025.

On April 18, 2025, the parties agreed to a temporary resolution of the matter that allows Mary Scott to serve as both personal representative and trustee during the pendency of the case, until the Court holds evidentiary hearing and makes a ruling on the competing petitions for administration.

All procedural issues have been resolved, and the parties should come prepared to set the matter for trial.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334