Tentative Ruling: Estate of Edward Valencia
Case Number
26PR00037
Case Type
Hearing Date / Time
Wed, 03/18/2026 - 09:30
Nature of Proceedings
Petition for Probate and Letters Testamentary
Tentative Ruling
Probate Notes:
Appearances required.
On January 20, 2026, Lisa Marie Valencia filed a Petition for Probate of Will and Letters Testamentary. Ms. Valencia submitted the original will on January 29, 2026, and proposed order and letters that matched the relief requested in the petition on February 25, 2026, and January 20, 2026, respectively.
On March 11, 2026, Rosalie Valencia filed an objection to the Petition of Lisa Marie Valencia, which places this 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.)
The objection requests the petition be dismissed with prejudice, but does not appear to understand the procedural requirements for such relief contemplated by the Probate Code:
Competing Petition. A contest to a petition for administration of a decedent’s estate may involve a contest to the appointment of the personal representative, a contest to the will, or both.
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 The competing petition need not be published as long as publication of the first petition was completed according to statute.
There is no competing petition on file. Objector must file a competing petition for letters of administration on form DE-111, before an evidentiary hearing can be set, or prove that the Decedent made estate plans to be administered outside of Probate Court (i.e. trust, designated beneficiaries, transfer on death deed, etc.).
Proof of Service of Summons. When a will is contested, Probate Code section 8250 requires a written objection to probate of the will be filed, and a copy of the objection along with a summons be served to all those entitled to notice listed in section 8110 [all entitled to take by intestate, and each devisee, executor, and alternative executor]. The summons must be served according to the procedures in the Code of Civil Procedure Title 5, Part 2, Chapters 3 and 4 [§ 412.10 et seq].
The petitioning party may file an answer to the objection, or demur, within 30 days after service of the summons. (Prob. Code, § 8250, subd(a) and 8251, subd. (a).) If a party fails to respond to a served summons within 30 days, the case is still at issue, but the non-responding party loses the right to further contest the appointment or the will. (Prob. Code, § 8251, subd. (c).)
As a result of the procedural defects above, it is recommended the Court continue this matter and order the procedural requirements for a will contest be obeyed.