Estate of Teri Lynn Shaw
Estate of Teri Lynn Shaw
Case Number
25PR00169
Case Type
Hearing Date / Time
Wed, 06/18/2025 - 08:30
Nature of Proceedings
Petition for Letters Administration
Tentative Ruling
Probate Notes:
Appearances required.
Decedent, Teri Lynn Shaw died on February 8, 2025. Decedent was survived by a Spouse, Thomas Eugene Shaw, and a son, Nathaniel Dean Shaw. Nathaniel Dean Shaw died 17 days after the Decedent, on February 28, 2025.
Petitioner is the surviving spouse of the Decedent, and requests appointment as personal representative. The Petition for Letters of Administration was filed on April 3, 2025. On June 6 2025, the Petition received written objection, filed by Angella Shaw, the surviving spouse of Nathaniel Dean Shaw.
According to Probate Code section 8461, Thomas Eugene Shaw has priority over all other persons to be appointed as personal representative and administrator of the Decedent’s estate. Despite this priority, Objector alleges that Thomas Eugene Shaw is unfit to serve as personal representative, because he will allegedly seek to obtain the funds from the sale of Decedent’s home, to the prejudice and detriment of all other heirs. Objector alleges the home was the Decedent’s separate property, thus impliedly will not all pass to Petitioner as heir.
In order to resolve the conflict, Petitioner must submit evidence that the real property in the estate is not separate property of the Decedent. Thus, a supplement must be submitted showing how title to the real property at issue is held.
The objection places the matter 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.)
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Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 161 956 1423
Passcode: 137305