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Estate of Fusae Russo

Case Number

24PR00565

Case Type

Decedent's Estate-Probate & Letters Testamentary

Hearing Date / Time

Thu, 12/19/2024 - 09:00

Nature of Proceedings

Petition: Probate Will & Letters Testamentary

Tentative Ruling

UPDATED: The deficiencies listed below have been cured. Absent objection, this Petition will be approved. No appearance is required on 12/19/24.

The following must be submitted:

Proof of Service of Notice of Hearing (Form DE-121). Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors. (Prob. Code, §§ 8100 & 8110.) Notice must be sent to the person, not the person’s representative. (§1220.) No such document was filed.

Duties and Liabilities Acknowledgement (Form DE-147). The proposed personal representative must fill out and sign this form and submit it to the court. No such form was submitted.

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.

Proposed Order (Form DE-140). A proposed order must be submitted with relief that matches that requested in the petition. No such document was filed with the court.

Proposed Letters (Form DE-150). Proposed letters must be submitted with relief that matches that requested in the petition. No such document was filed with the court.

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