Petition to Determine Succession to Primary Residence
CASE NUMBER: 26PB-0033416 This matter is on calendar for hearing on a Petition to Determine Succession to Primary Residence. The Petition contains the following defect: 1. Item 5 is incomplete as to whether the decedent died intestate or had a will. The Court notes item 12 states there is a will; however, attached is a copy of a trust. A trust is not a will. Property belonging to a trust cannot be transferred by way of a Petition to Determine Succession to Primary Residence.
2. Form DE-300 is not attached as required by item 8.
3. An Inventory and Appraisal has not been attached as required by item 8.
4. The Petition is incomplete as to attachment 11, containing a legal description and Accessor’s Parcel Number of the real property, facts that show the property was decedent’s primary residence, and petitioner’s claim to the property.
5. The Petition is incomplete as to item 13, listing the interest of each petitioner in the property.
6. The Petition is incomplete regarding attachment 14, which must list the names, relationships, and addresses of the testate and intestate heirs of the decedent.
Due to the defects, the Court is unable to determine if proper notice has been provided. The matter is continued to Monday, August 17, 2026, at 2:30 p.m. in Department 44 for further proceedings on the Petition to Determine Succession to Primary Residence. Petitioner is required to file an amended Petition to address the issues raised above. Petitioner is also required to file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the amended Petition, on all parties entitled to notice. No appearance is necessary on today’s calendar.
ESTATE OF BRUCE DUNN
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