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Estate of Timothy Hamilton Jobe

Case Number

24PR00387

Case Type

Decedent's Estate-Probate & Letters Testamentary

Hearing Date / Time

Thu, 11/07/2024 - 09:00

Nature of Proceedings

Petition: Probate Will & Letters Testamentary

Tentative Ruling

UPDATED: Appearances are required.

A Supplement has been filed that cures the ambiguities in the Petition.

A Declaration regarding the original will being lost has been filed. An Amended Petition for Letters Testamentary – Lost Will must be filed.

Appearances are required to update the court.

The following deficiencies persist:

Original Will. A will and any codicil to that will must be lodged with the Court. (Prob. Code, § 6110.) It is insufficient to attach a copy of the will to the petition without lodging the original. If the original is lost, petitioner must amend the Petition to provide an attachment alleging why the presumption of destruction in Probate Code section 6124 should not apply, or provide evidence overcoming the presumption of destruction.

Supplement to the Petition. The following allegations must be made without creating ambiguity, but were left blank or improperly alleged and must be corrected by supplement:

- Paragraph 5a(3) or (4)

- Paragraph 5a(7) or (8)

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