Estate of Frederick James Villa
Estate of Frederick James Villa
Case Number
25PR00096
Case Type
Hearing Date / Time
Mon, 06/09/2025 - 08:30
Nature of Proceedings
Petition for Letters of Administration (Contested)
Tentative Ruling
Probate Notes:
Appearances required.
On February 28, 2025, Michelle Villa filed a Petition for Letters of Administration in case number 25PR00096. On May 23, 2025, Stephanie Milner filed a Petition for Letters of Administration in case number 25PR00096. While the Milner petition mentions no objection to the appointment of Michelle Villa as personal representative, the two petitions seek relief that cannot be both granted.
When appointment of a personal representative is contested, Probate Code section 8004 requires a competing petition be filed and served in accordance with Probate Code section 8110 [15 days, mail or personal service to all entitled to take by intestate, and each devisee, executor, and alternative executor]. (Prob. Code, § 8004, subd. (a).) The competing petition need not be published as long as publication of the first petition was completed according to statute.
Therefore, the Petition of Stephanie Milner places the Petition of Michelle Villa at issue, requiring 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.)
Written objections should be filed as to each petition, outlining why the proposed administrator is unqualified to serve as personal representative.
Parties must come prepared to set hard discovery cut-off deadlines and trial dates.
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 161 797 5412
Passcode: 8749009