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Tentative Ruling: Estate of Gilbert Carranza Villa

Case Number

26PR00092

Case Type

Decedent's Estate

Hearing Date / Time

Tue, 04/07/2026 - 09:00

Nature of Proceedings

Petition for Letters of Administration

Tentative Ruling

Probate Notes:

Appearances required.

The following is noted for the Court at the hearing:

This estate is being opened for the express purpose of pursuing multi-district litigation in which the Decedent will have one of several hundred claims.

Attorney for petitioner makes requests within the petition that the Court cannot grant.  Thos are addressed as follows:

Estate cannot be a legal entity identified in the tort suit.  The “estate” of a decedent is not an entity known to the law. It is neither a natural nor an artificial person. It is merely a name to indicate the sum total of the assets and liabilities of a decedent, or of an incompetent, or of a bankrupt. 11 Cal.Jur. 79. In order for a civil action to be prosecuted, there must be some existing entity aimed at by the processes of the law, and against whom the court's judgment will operate. 1 Bouvier's Law Dictionary, Rawle's Third Revision, 1075, defines an “estate” to be a word used to describe a condition of property, not to describe its owner.  (Tanner v. Best's Estate (1940) 40 Cal.App.2d 442, 445.)

Thus, petitioner’s request to name the estate as a party in future civil claim is improper.

No waivers of Inventory and Appraisals.  Petitioner requests the Court waive the filing of an Inventory and Appraisal until any settlement in the tort case is received, citing Probate Code section 8800(b) as authority for such waiver. That subdivision does not grant authority for a waiver:

The inventory and appraisal shall be filed within four months after letters are first issued to a general personal representative. The court may allow such further time for filing an inventory and appraisal as is reasonable under the circumstances of the particular case.

Thus, the Court should deny the request to waive the Inventory and Appraisal, and require one be filed timely, regardless of whether there is any property in the estate.

Waivers of Bond. 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.  There are no waivers on file, thus no waiver of bond should be granted. Petition should submit estimate of potential recovery for the tort claim, or the Court should set a bond review hearing at a reasonable time in the future to determine status of tort claim settlement.

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.

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

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