In the Matter of Estate of Janice Jones

Case Number

Case Type Decedent's Estate Hearing Date / Time Wed, 07/08/2026 - 09:30 Nature of Proceedings Petition to Determine Succession to Primary Residence Tentative Ruling Probate Notes: The following must be submitted: Amended Petition/Supplement to Petition (Form DE-310) . Petition must list all heirs to the second degree on the table of consanguinity, with address and ages of any children (Prob. Code, Sec. 13152).

Recorded Title. 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].)

Proof of Service of Notice (DE-120). A proof of service must be submitted showing all persons relatives to the second degree were served on the mandatory Judicial Council form, DE-120, with 15 days' notice of the hearing date, and the notice was timely filed. (Prob. Code, Sec. 13152, 1020 [all heirs/beneficiaries, guardian or conservator of the estate at time of death, executor named in will].)

Further evidence. Allegations must be sufficient to establish a valid reason why Petitioner gets property. (Prob. Code, Sec. 13152.) There also must be sufficient evidence to establish the facts alleged in the petition. This is usually accomplished by the submission of the 1) Certificate of Death for decedent, which must be submitted to prove date of death of Decedent; and 2) recorded deed showing how title to the real property is currently held. (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."].)