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Tentative Ruling: Estate of Philip John Ero Franchini

Case Number

26PR00156

Case Type

Decedent's Estate-Probate & Letters Testamentary

Hearing Date / Time

Thu, 05/28/2026 - 09:00

Nature of Proceedings

Petition: Probate Will & Letters Testamentary

Tentative Ruling

Appearances are required.

The following must be submitted:

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. Petition states that the Will waives bond requirements. There is no such statement in the Will submitted.

Original Will. A will and any codicil to that will must be lodged with the Court. (Prob. Code, § 6110.) It is insufficient to attach a copy of the will to the petition without lodging the original. 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.

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.

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