Matter of The Sheila Garcia Separate Property Trust

Case Number

24PR00705

Case Type

Hearing Date / Time

Tue, 01/14/2025 - 09:00

Nature of Proceedings

Petition for Internal Affairs

Tentative Ruling

Probate Notes:

Appearances required. 

The Petition for Internal Affairs of a Trust was filed on December 13, 2025, by Michael C. Thibault.  There has been no objection filed by any respondent.  An objection will place this matter at issue and require evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)

Any Respondents desirous to object to the Petition, must file a written objection before the hearing.  The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.

The above petition appears to have only been served on January 7, 2025, which is woefully short of the 30 days notice required by Probate Code section 17203.

It is recommended the Court continue this hearing to a date far enough in the future to allow 30 days notice.

The following must be submitted before that continued hearing:

Proof of Service of Petition (Form DE-120) –  “At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons: (1) All trustees. (2) All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3. (3) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.” (Prob. Code, § 17203.)

Proposed Order (Local Rule, 1731.) – Petitioner must submit a proposed order outlining the exact relief requested in the petition.

Trust Instrument.  A copy of the First Iteration of the Trust (before it was restated), any other amendments, must be submitted for review. (Local Rule, 1791(c).)

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).