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 intestate 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 submitted evidence that the real property in the estate is the separate property of the Decedent, Teri Lynn Shaw. The evidence is in the form of a Trust Transfer Quitclaim Deed executed by Nathan D. Shaw, as trustee for the Kenneth J. and Carol R. Plumlee Trust. The deed shows that the transfer to the Decedent was as her ”sole and separate property,” placing the burden on Objector to show that the appointment of Thomas Eugene Shaw is unfit to serve as Personal Representative.

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.)

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: 161 956 1423

Passcode: 137305