Estate of Michael Stephen Miller, Jr

Case Number

25PR00384

Case Type

Hearing Date / Time

Tue, 01/06/2026 - 09:00

Nature of Proceedings

Petition for Letters of Administration

Tentative Ruling

Probate Notes:

On July 24, 2025, Joanna Miller, former spouse of the Decedent, filed a Petition for Letters of Administration. Not only was Publication defective related to that petition, but notice was also not given to anyone entitled to notice.

On September 9, 2025, a hearing was held on Joanna Miller’s petition. One of Decedent’s two children, Shane Smith, appeared at the hearing. It does not appear from the Minute Order that an objection was made on the record, nor is there a written objection on file with the Court.

On September 29, 2025, Shane Smith filed a competing Petition for Letters of Administration, requesting to be appointed the Personal Representative of the estate. Again, no objection to the Joanna Miller Petition was filed, nor is there currently written objection to the Joanna Miller Petition on file.  The Court found objection to Joanna Miller’s petition waived pursuant to CRC, rule 7.801 on December 2, 2025.

When appointment of a personal representative is contested, Probate Code section 8004 requires a written objection and 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  The competing petition need not be published as long as publication of the first petition was completed according to statute.

As a result of the Court waiving Shane Smith’s objection, and the statutory requirement of that objection to support a competing petition, it is recommended the Court deny the Petition of Shane Smith.

On December 22, 2025, Joanna Miller filed an amended petition, this time requesting appointment of Ryan Miller and herself as co-administrators.  This appointment is not recommended, without the nomination of Decedent’s spouse (Katherine Atchley), and remaining child (Shane Smith).

The following are still at issue re: Joanna Miller’s Petition:

Waivers of Bond re: Joanna Miller Petition. 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, or bond must be ordered.

Nomination of Administrator re: Joanna Miller Petition.  Petitioner, as ex spouse, has no standing to petition for appointment as Personal Representative, and even if there was standing, does not have priority of administration over Decedent’s spouse or children pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)

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