Estate of Jeanne Pate

Case Number

24PR00589

Case Type

Hearing Date / Time

Tue, 12/03/2024 - 09:00

Nature of Proceedings

Petition for Probate and Letters Testamentary

Tentative Ruling

Probate Notes:

Appearances required. 

The following is noted for the Court at the hearing:

Lost Original Will.  The original will must be lodged with the Court to be admitted to probate. (Prob. Code, §§ 8200, et seq.)  It is insufficient to attach a copy of the will to the petition without lodging the original.

When an original Will is alleged to be lost, the proponent of admission of a copy of the lost will to Probate must provide substantial evidence showing why the presumption of destruction in Probate Code section 6124 should not apply, or provide substantial evidence overcoming the presumption of destruction.  Substantial evidence shows the Court supported facts that the Decedent did not destroy the will. 

Petitioner is referred to the following authority to understand the evidence required to overcome the presumption of destruction in Probate Code section 6124:

• Estate of Trikha (2013) 219 Cal.App.4th 791, 804 [substantial evidence required to overcome presumption]
• Lauermann v. Superior Court (2005) 127 Cal.App.4th 1327, 1333 [Duplicate Original not usually sufficient]

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