Estate of Hilario Pineda Trejo
Estate of Hilario Pineda Trejo
Case Number
24PR00676
Case Type
Hearing Date / Time
Tue, 04/08/2025 - 09:00
Nature of Proceedings
Petition for Letters Administration
Tentative Ruling
Probate Notes:
Personal appearances required.
The following is noted for the Court at the hearing:
On November 26, 2024, Kyle Perry filed a Petition for Probate and Letters Testamentary, seeking appointment as Personal Representative and admission of a purported will to probate. On January 31, 2025, Arnold Escobar Trejo filed an objection to Kyle Perry’s petition, and on February 3, 2025, Faren Joy Mitchell also filed an objection to Kyle Perry’s petition. These objections placed the matter at issue, requiring evidentiary hearing to resolve the issue of appointment of personal representative. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)
Both objections contest both 1) the appointment of Kyle Perry as personal representative, and 2) admission to probate of the will proffered by Kyle Perry. Due to the objection to the proffered will, a Summons on Judicial Council form DE-125, and Proof of Service of that Summons must be filed. 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).)
There is no Proof of Service of Summons on file, and no responsive pleading to the will contest by Kyle Perry on file.
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