Estate of Michael Richard Burns
Estate of Michael Richard Burns
Case Number
24PR00541
Case Type
Hearing Date / Time
Mon, 04/14/2025 - 08:30
Nature of Proceedings
Petition: Letters Administration
Tentative Ruling
Probate Notes:
Appearances required.
Appearances required.
On September 20, 2024, Samantha Burns filed a Petition for Letters of Administration seeking appointment as administrator of the estate. There was no testamentary instrument submitted with the petition, nor requested for probate.
On November 14, 2024, Dena Pantoja filed a written objection, and amended said objection on February 4, and March 7, 2025. On March 7, 2025, Dena Pantoja also filed a competing petition for appointment as personal representative, seeking admission of a will to probate that was lodged with the Court on December 9, 2024. This places the petition of Ms. Burns at issue, 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.)
On April 7, 2025, Samantha Burns filed a Will Contest to the will being offered for probate by Dena Pantoja. The Will Contest has not been properly served.
When a will is contested, Probate Code section 8250 requires a written objection to probate of the will be filed, and a copy of the objection along with a summons be served to all those entitled to notice listed in section 8110 [all entitled to take by intestate, and each devisee, executor, and alternative executor]. The summons must be served according to the procedures in the Code of Civil Procedure Title 5, Part 2, Chapters 3 and 4 [§ 412.10 et seq].
The petitioning party may file an answer to the objection, or demur, within 30 days after service of the summons. (Prob. Code, § 8250, subd(a) and 8251, subd. (a).) If a party fails to respond to a served summons within 30 days, the case is still at issue, but the non-responding party loses the right to further contest the appointment or the will. (Prob. Code, § 8251, subd. (c).)
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 161 797 5412
Passcode: 8749009