Estate of Zelma Marie Tilley

Case Number

25PR00409

Case Type

Hearing Date / Time

Tue, 12/16/2025 - 09:00

Nature of Proceedings

Petition: Determine Succession to Real Property

Tentative Ruling

Probate Notes:

After posted notes and supplement filed on November 19, 2025, in response to the posted notes, the following is noted for the Court:

Faulty Inventory and Appraisal.  The Inventory & Appraisal on file is not signed by the probate referee indicating that the probate referee appraised the subject real property. The Inventory and Appraisal must be signed by the Probate Referee, because a probate referee must appraise real property. (Prob. Code, § 13152.)

Recorded Instrument reveals shared ownership.  Allegations in the petition must be sufficient to establish a valid reason why Petitioners succeed to the subject real property. (Prob. Code, § 13152.)  The deed on file shows the decedent was not the sole owner of the real property at issue, and the allegations in the petition show Decedent was divorced from the other owner of the property.  There is no evidence on file that shows the Decedent was awarded sole ownership of the subject property in a dissolution proceeding.  Thus, the Decedent’s ex spouse must join in the petition, or the petition cannot be granted. (Prob. Code, § 13152; Pet. at ¶12, Prop. Ord., at ¶9.)

It is recommended the Court deny the petition as a result of the defects above.

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