Estate of James Edward Gernert

Case Number

25PR00611

Case Type

Hearing Date / Time

Tue, 01/20/2026 - 09:00

Nature of Proceedings

Petition for Probate and Letters Testamentary

Tentative Ruling

Probate Notes:

Appearances required.

The following is noted for the Court at the hearing:

Ambiguity of Intestacy.  Petition contains allegations that create an ambiguity regarding whether the decedent died intestate or testate.  The Caption of the petition indicates Letters Testamentary is being sought, and indicates at paragraph 2a that a will and any codicil is being sought for admission to probate. Contrary to those two indications/allegations, 3f alleges the Decedent died intestate, creating conflicting allegations that cannot be both true at the same time.

Since the allegations are material to the relief being sought, the Petition should be amended to correct the defects and resolve the ambiguity. (CRC, Rule 7.3 and Rule 7.53.)

Family Tree or Heir Search.  A supplement to the petition listing all known heirs to the second degree of consanguinity was requested.  In response to this request, Petitioner did not list to the second degree (includes grandparents). It is unusual, at best, that a deceased person will have only one heir within the entire second degree of consanguinity.

The Court has discretion to require service to all known heirs pursuant to Probate Code section 1202.

Proposed Order (Form DE-140).  A proposed order must be submitted with relief that matches that requested in the petition.  No such document was filed with the court.

Proposed Letters (Form DE-150).  Proposed letters must be submitted with relief that matches that requested in the petition.  No such document was filed with the court.

If the documents curing these deficiencies are not processed by 8:00 a.m. on January 19, 2026, 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