Estate of Christine Elizabeth Niro

Petition to Appoint Successor Trustee Tentative Ruling Probate Notes: Appearances required. Any Respondents desirous to object to the Petition, must file a written objection before the hearing. The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.

Tentative Ruling: Estate of Christine Elizabeth Niro Tentative Ruling: Estate of Christine Elizabeth Niro Case Number

Case Type Decedent's Estate Hearing Date / Time Mon, 06/01/2026 - 08:30 Nature of Proceedings Petition to Determine Succession to Primary Residence Tentative Ruling Probate Notes: The following must be submitted: Amended Petition (Form DE-310) . Every person to whom the interest passes must either join in the petition or disclaim their interest. (Prob. Code, Sec. 13152; Pet. at P.12, Prop. Ord., at P.9.) Disclaimer must follow the strict requirements in Probate Code sections 275 et seq.

Petitioners propose the Court grant this petition, transferring 33.3% interest in the real property to each of Decedent's three children, but the Last Will and Testament of Decedent devised the residue of the estate 33% to each child, and 1% to Decedent's sister, Regina A. Palkovitch. Thus, Regina A. Palkovitch must disclaim the 1% interest or join in the petition.

Death certificate. Allegations must be sufficient to establish a valid reason why Petitioner gets property. (Prob. Code, Sec. 13152.) There must be sufficient evidence to establish the facts alleged in the petition. This is usually accomplished by the submission of the Certificate of Death for decedent and spouse, which must be submitted to prove date of death of Decedent and spouse. (See Evid. Code Sec.412 ["If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust."].) Please submit a death certificate as proof of death of the Decedent. (Prob. Code, Sec. 1310, Evid. Code, Sec.412, Hlth. & Saf. Code, Sec. 103550.)

Because the petition must be amended, it is recommended that the matter be continued to a date 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).