Tentative Ruling: Estate of Joyce Barnett Gallagher

Case Number

24PR00709

Case Type

Hearing Date / Time

Tue, 08/05/2025 - 09:00

Nature of Proceedings

Petition for Probate and Letters Testamentary

Tentative Ruling

Probate Notes:

Appearances required.

On February 11, 2025, this Court appointed Barry Vanderkelen as personal representative of the estate.  On July 12, 2025, a stranger to the estate, Isabel Espinoza, filed a Petition for Probate of Will and Letters Testamentary, which improperly requested the revocation of the Letters of Administration issued to Mr. Vanderkelen. 

The request was improper, because in order to “revoke” letters issued to a personal representative of the estate, a petition for removal of the personal representative must be filed pursuant to Probate Code section 8500.  There is no petition for removal on file, thus the Petition for Probate and Letters Testamentary must be denied, or continued to allow the filing of a proper petition for removal pursuant to Probate Code section 8500.

It is recommended the Court continue the matter and order a petition for removal be filed pursuant to Probate Code section 8500. That petition should be on file at least 15 days before the hearing.

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