Tentative Ruling: Estate of Beverly Ann Villa

Case Number

25PR00099

Case Type

Hearing Date / Time

Mon, 09/08/2025 - 08:30

Nature of Proceedings

Spousal Property Petition

Tentative Ruling

Probate Notes:

Appearances required.

The following must be submitted:

Supplement/Declaration of Facts.  A supplement to the petition alleging facts that should have been alleged in attachment 7:

• Facts necessary to determine the county in which the estate of the deceased spouse may be administered.  (Date and place of death, domicile/residence at time of death, etc.) (PC § 13652, subd. (a)(1))
• Date and place of marriage (Local Rule 1761, subd. (a))
• Whether decedent owned any real and personal property on date of marriage, and if so, a description and approximation of values (Ibid.)
• For each asset for which a determination that it pass or be confirmed to the surviving spouse, a description of the manner in which the asset was acquired by decedent, including source of funds or loans, title to asset, etc. (Ibid.)
• Any additional facts upon which the claim that property is community or quasi-community property is based. (Ibid.)
• Name, age, address, and relation to the deceased spouse of heir/devisee (PC § 13651, subd. (a)(5).)
• Names and addresses of all known persons named as executors and or appointed Personal Representatives.  (PC § 13651, subd. (a)(5).)
• If Decedent Died Intestate: 1) facts upon which the petitioner bases the allegations that all or part of the estate of deceased spouse is property passing to the surviving spouse, AND 2) a description of any interest in the community property or quasi-community property, or both, which the petitioner requests the court to confirm to the surviving spouse as belonging to the surviving spouse pursuant to § 100 or 101 (PC § 13651, subd. (a)(3)-(a)(4).)

If the documents curing these deficiencies are not processed by 8:00 a.m. on September 5, 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.

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