Estate of Victor J. Lizama

Case Number

24PR00672

Case Type

Hearing Date / Time

Tue, 01/14/2025 - 09:00

Nature of Proceedings

Petition for Letters of Administration

Tentative Ruling

Probate Notes:

Appearances required. 

The following must be submitted:

Nomination of Administrator.  Petitioner does not have priority of administration over Kimberly S. Lizama pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)

Supplement re: Probate vs. Spousal Property Petition.  The petition requests probate of a Decedent’s estate who left a surviving spouse.  Petitioner must submit supplement explaining why probate of this estate is favorable over the following procedures:

• Spousal or Domestic Partner Property Petition (form DE-221)
• Affidavit for Disposition of Community Property Real Estate (Probate Code 13540-13541)
• Disposition of Community Property Securities (Probate Code 13545)
• Affidavit for Collection of Compensation Owed to Deceased Spouse or Registered Domestic Partner (Probate Code 13600)

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.

The following is noted for the court in support of the above missing documents:

Petitioner lists a “date of separation” under the surviving spouse’s name at paragraph 8 of the petition, likely because the decedent and surviving spouse were involved in dissolution litigation in case no. 22FL01086.  Upon review of that case, there is no final judgement or evidence that the case was submitted to the court for judgment.

Death dissolves marriage or domestic partnership as a matter of law. (Fam. Code, §§ 310(a); 298.5(c), 299.3(a).)  If one of the spouses dies after a petition to initiate proceedings for dissolution of marriage, domestic partnership, or legal separation, but before an entry of judgment terminating their marital or domestic partnership status; the spouse’s death will terminate the proceeding and the Family Court will lose all further jurisdiction with respect to marital/domestic partnership status, as well as all other as yet un-adjudicated issues raised by the pleadings. This includes property rights, support, custody, attorney fees and costs. (In re Marriage of Hilke (1992) 4 Cal.4th 215, 220 [“The death of one of the spouses abates a cause of action for dissolution, but does not deprive the court of its retained jurisdiction to determine collateral property rights if the court has previously rendered judgment dissolving the marriage.”]; Raney v. Cerkueira (2019) 36 Cal.App.5th 311, 321, Estate of Blair (1988) 199 Cal.App.3d 161, 166-167; Marriage of Shayman (1973) 35 Cal.App.3d 648, 651 [family court's jurisdiction to divide spouses' joint tenancy property as presumptive community property abated by spouse's intervening death before marital status judgment.].)

Therefore, the Decedent’s death abates the dissolution proceeding and places the surviving spouse (Kimberly Lizama) is the same legal position she was in before the dissolution proceeding commenced, giving her priority of appointment as administrator of the estate pursuant to Probate Code section 8462.

If the documents curing these deficiencies are not processed by 8:00 a.m. on January 13, 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: 160 543 3416

Passcode: 5053334