Petition for Probate and Letters Testamentary
8200, et seq.) It is insufficient to attach a copy of the will to the petition without lodging the original.
Proof of Holographic Instrument (Form DE-135). The petition requests a holographic will or codicil be admitted to probate. All codicils must be proven in the same manner as a will (Prob. Code, Sec.Sec. 88, 6110, 8222), and all holographic instruments must be proven by submission of evidence that that the holographic instrument is in fact in the testator's handwriting. Form DE-135 must be used to do so.
Nomination of Administrator. The holographic will does not name an executor. Petitioner does not have priority of administration over William Kotaksa or Paul Gruber pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)
Tentative Ruling: Estate of Chiyoko Nakagawa Tentative Ruling: Estate of Chiyoko Nakagawa Case Number
Case Type Decedent's Estate Hearing Date / Time Wed, 06/24/2026 - 09:30 Nature of Proceedings Petition for Probate and Letters Testamentary Tentative Ruling Probate Notes: The following must be submitted: Supplement re: 850 Petition. The Last Will and Testament of the Decedent lodged on January 15, 2026, and the trust instruments attached to the Supplement filed on March 11, 2026reveal that the Decedent considered all property owned by both Decedent and Decedent's spouse held in trust.
Supplement is required to explain why probate of Decedent's will is being sought over a simple (and far less expensive) Petition to Determine Claim to Property pursuant to Probate Code section 850. The supplement should explain how this Court has authority to distribute any property within Decedent's estate when estate planning documents reveal that the estate arguably contains no property.
If the documents curing these deficiencies are not processed by 8:00 a.m. on March 30, 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).
Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 161 956 1423 Passcode: 137305
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