Estate of Terence Edwin Row

Case Number

24PR00659

Case Type

Hearing Date / Time

Wed, 01/29/2025 - 08:30

Nature of Proceedings

Petition for Probate and Letters Testamentary

Tentative Ruling

Probate Notes:

The following must be submitted:

Duties and Liabilities Acknowledgement (Form DE-147).  The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, § 8404.)  No such form was submitted.

Evidence of Decedent’s Intent.  Decedent’s will is not self-proving, because there will does not contain a statement that two persons witnessed the testator sign the will in their presence and in the presence of each other, nor attested the testator indicated the will to be his testamentary intent.  When a will is not self-proving under Probate Code section 6110, it can only be admitted if it is a valid Holographic will under 6111, or if clear and convincing evidence proves the testator intended the will to constitute the testator’s final desire as to the disposition of the testator’s estate, pursuant to Probate Code section 6110(c)(2).

When a will is attested to by a single witness (notary or otherwise), it is not executed in conformity with California law.  (Prob. Code, §6110(c)(1).)  This does not defeat the admission of the will to probate, but supplement is required to meet the evidentiary standard in Probate Code section 6110(c)(2).  The supplement should point to evidence that meets the clear and convincing standard, an example of which is found in Estate of Ben-Ali (2013) 216 Cal.App.4th 1026, 1037, which includes, but is not limited to the following:

• Age when Decedent allegedly executed the will.
• Witness knowledge of the will or the circumstances of its execution.
• Evidence Decedent spoke about testamentary intentions with anyone, or mentioned the will to anyone after execution of the will and prior to death.
• Testimony as to how the typewritten will had been prepared, who had drafted it, or who Decedent might have consulted with about its terms or phrasing.
• Location of the original copy of the will when found, and whether it was among Decedent’s belongings.

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.

If the documents curing these deficiencies are not processed by 8:00 a.m. on January 27, 2025, it is recommended that the matter be continued to a date to be set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered.

 

Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).

Appearances:

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

Meeting ID: 161 956 1423

Passcode: 137305