Estate of Terrence Michael Butera
Estate of Terrence Michael Butera
Case Number
25PR00120
Case Type
Hearing Date / Time
Tue, 04/22/2025 - 09:00
Nature of Proceedings
Petition for Letters Administration
Tentative Ruling
Probate Notes:
The following must be submitted:
Supplement to the Petition. Paragraph 8 is incompletely alleged, as it does not allege the relationship to the decedent and does not allege deceased heirs. A supplement to the petition listing all known heirs must be provided, even if those heirs are deceased, including “all beneficiaries of a trust named in decedent’s will.” (Pet. at ¶8.) Paragraph 8 of the petition specifically requires listing even deceased heirs, and this Court requires heirs to the second degree, especially in intestate estates. The Court has discretion to require service to these heirs pursuant to Probate Code section 1202.
Proof of Service of Notice of Hearing (Form DE-121). Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors. (Prob. Code, §§ 8100 & 8110.) Notice must be sent to the person, not the person’s representative. (§1220.) If there are other heirs, they must be served.
Waivers of Bond. Bond must be waived by all adult heirs at law. Petitioner must file bond waivers (Form DE-142) for all heirs or devisees named in a will. If there are other heirs, they must waive bond.
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.
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).
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