Petition to Determine Claim to Property
Case Number
Case Type Trust Hearing Date / Time Tue, 06/23/2026 - 09:00 Nature of Proceedings Petition to Determine Claim to Property Tentative Ruling Appearances required.
The following must be submitted: Recorded Title. Petitioner alleges title to a financial account is held by the trust, because the settlor of the subject trust transferred title to themself as trustee, but never recorded title in the name of the trust. There is no evidence on file showing how title to the subject brokerage account is currently held.
Since "a person may not transfer an estate or interest in property unless that person is the owner of the estate or interest in question or has the legal authority to act on that owner's behalf" (Restatement (Fourth) of Property Sec. 1.1 (2024), the Court must have evidence of how title is held: The nemo dat principle is typically expressed in the full Latin phrase " nemo dat quod non habet," which roughly translates to "one can only transfer what one owns" or, in the negative, "one cannot transfer property that one does not own."
It is sometimes called the "derivation principle" because the transferee's interest derives from the transferor's. (Id., at cmnt. a. See also (Miller & Starr (2024) 3 Cal. Real Est. Sec. 8:58 (4th ed.) Sec. 8:58 ["It is axiomatic that a deed cannot convey more than is owned by the grantor. If a deed purports to convey property that is not owned by the grantor, it is ineffective to convey the property, and it is a "wild deed" that can have no effect on title of the person who holds real title to the property."]; and Romero v.
Shih (2024) 15 Cal.5th 680, 689 [citing same in Miller & Starr].)
Please submit supplement with recent account statement showing how title to the financial account is held.
Proof of Service. There is no Proof of Service on file. Proof of Service of Notice of Hearing for Petitions to Determine Claim to Property must be filed on Judicial Council form DE-115, which contains the requisite information and warnings to beneficiaries required by the Probate Code.
Service of Petitions pursuant to section 850 of the Probate Code is governed by section 851, which references CCP section 413.10: At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable: (1) The personal representative, conservator, guardian, or trustee as appropriate. (2) Each person claiming an interest in, or having title to or possession of, the property. (Prob. Code, Sec. 851(a).)
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According to that chapter of the CCP, service of the petition must be on the person (CCP, Sec.Sec.413.10; 415.10) the same as a civil summons, with exceptions for mailing and publication as that law provides when the serving party proves the petition "cannot with reasonable diligence be personally delivered to the person to be served..." (CCP, Sec.415.20(b).)
Further, section 851 requires Notices of Petitions pursuant to Probate Code section 850 " shall contain all of the following": (1) A description of the subject property sufficient to provide adequate notice to any party who may have an interest in the property. For real property, the notice shall state the street address or, if none, a description of the property's location and assessor's parcel number. (2) If the petition seeks relief pursuant to Section 859, a description of the relief sought sufficient to provide adequate notice to the party against whom that relief is requested. (3) A statement advising any person interested in the property that he or she may file a response to the petition. (Prob. Code, Sec. 851(c) [emphasis added].)
To ensure this information is in the notice, the Judicial Council created form DE-115 to be used for all petitions pursuant to section 850. Thus, the proof of service must be submitted using Form DE-115, which became mandatory on January 1, 2020.
Once proper service has been completed, any objecting respondents must file a written objection before the next 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.
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).
Tentative Ruling: Guardianship of Lyllyana Ray Holt Tentative Ruling: Guardianship of Lyllyana Ray Holt