Tentative Ruling: Estate of Robert Luis Ibsen

Case Number

26PR00051

Case Type

Hearing Date / Time

Tue, 03/24/2026 - 09:00

Nature of Proceedings

Petition for Probate and Letters Testamentary

Tentative Ruling

Probate Notes:

The following must be submitted:

Original Will.  An original will and any codicil to that will must be lodged with the Court. (Prob. Code, §§ 8200, et seq.)  It is insufficient to attach a copy of the will to the petition without lodging the original.

If the will is holographic, “the petitioner shall also attach a typed copy of the will.”  (Prob. Code, §8002(b)(1).)  No typed copy of the will was submitted. 

If the original is lost, petitioner must amend the Petition to provide an attachment alleging why the presumption of destruction in Probate Code section 6124 should not apply, or provide evidence overcoming the presumption of destruction.

Petitioner may overcome this presumption with substantial evidence that shows the Court some supported fact that the Decedent did not destroy the will.  Petitioner is referred to the following authority to understand the evidence required to overcome the presumption of destruction in Probate Code section 6124:

• Estate of Trikha (2013) 219 Cal.App.4th 791, 804 [substantial evidence required to overcome presumption]
• Lauermann v. Superior Court (2005) 127 Cal.App.4th 1327, 1333 [Duplicate Original not usually sufficient]

Supplement re: Petition to Determine Title to Property.  The Last Will and Testament of the Decedent is a pour over will, indicating the Decedent’s intent was that the entire estate be distributed according to the terms of the trust.  A supplement is required to explain why probate of the will is being sought as opposed to a simple, and much less expensive Petition to Determine Title to Property pursuant to Probate Code section 850.

 

If the documents curing these deficiencies are not processed by 8:00 a.m. on March 16, 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).