Petition for Order Confirming Trust Assets
APRIL 27, 2026 Dept. 9 Probate Tentative Rulings
12. 26PR0072 MATTER OF SILAN LIVING TRUST Petition for Order Confirming Trust Assets
The Petitioner, the presently acting Trustee of THE SHELIA A. SILAN LIVING TRUST (“Trust”), dated January 21, 2022, seeks to confirm the terms of the Trust, and trust assets. At the time of the trustor's death, she owned real property located at 6600 Summerhill Road. The Schedule A of the Trust indicates this property to be a Trust asset. Additionally, the trustor had a Pour-Over Will directing all of her property to be held and administered pursuant to the Trust. Probate Code § 850 permits a trustee who has a claim to property, the title to or possession of which is held by another, to file a petition requesting that the court make an order pursuant to Probate Code § 856 authorizing and directing the person having title to or possession of real property to execute a conveyance or transfer to a person entitled thereto, or granting other appropriate relief.
Probate Code § 851 requires the Petitioner to serve notice of the hearing and a copy of the Petition at least 30 days prior to the hearing to each person claiming an interest in or having title to or possession of the property. When the matter concerns a decedent estate, notice shall also be given to any heir or devisee whose interest may be affected by the Petition in accordance with Probate Code § 1200.
Probate Code § 857 provides that in the event that the court issues such an Order:
(a) The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative or other fiduciary or other person to make the conveyance or transfer.
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(b) After entry of an order that the personal representative, other fiduciary, or other person execute a conveyance or transfer, the person entitled thereunder has the right to the possession of the property, and the right to hold the property, according to the terms of the order as if the property had been conveyed or transferred in accordance with the terms of the order.
Notice of the hearing and a copy of the Petition were mailed at least 30 days prior to the hearing, to each person claiming an interest in or having title to or possession of the property, as well as any heir or devisee whose interest may be affected by the Petition. The notice and Petition were mailed and filed on March 25, 2026.
Pursuant to Probate Code §850 and Estate of Heggstad (1993) 16 Cal.App. 4th 943, 947- 950, the Court finds sufficient evidence that decedent intended the above-mentioned assets be part of the Trust.
APRIL 27, 2026 Dept. 9 Probate Tentative Rulings
TENTATIVE RULING #12: ABSENT OBJECTION THE PETITION IS GRANTED AS REQUESTED. ANY PERSON WHO HAS AN OBJECTION MAY MAKE IT ANY TIME, EVEN ORALLY AT THE HEARING (PROBATE CODE § 1043). IF A PARTY OR PARTIES WISH TO APPEAR REMOTELY, INSTRUCTIONS FOR REMOTE APPEARANCES CAN BE FOUND ON THE COURT’S WEBSITE.
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