Estate of Charles R. Dion

testator's dispositive intent. If the handwritten entries are merely names, dates, or property descriptions that have no testamentary meaning without the printed language, courts must find the printed matter was incorporated, and deny admission of the will to probate. (Estate of Phifer (1984) 152 Cal.App.3d 813, 817 ["so long as the printed words were "not relevant to [the holograph's] substance or essential to its validity as a will or codicil."]; Estate of Sola (1990) 225 Cal.App.3d 241, 247 ["Where the handwriting in itself lacks testamentary intent and substance and has meaning only in relationship to the typewritten words it relates to, there is no complete testamentary document that can be deemed a holographic will."].)

However, if the handwritten portions contain complete dispositive provisions that can stand on their own, with printed matter serving only as procedural or organizational framework, the will may be admissible. (Estate of Black (1982) 30 Cal.3d 880, 885.)

Because the will submitted in this case not only contains handwritten portions that are wholly reliant on the typewritten text, but also internally create confusion, the October 13th document should be found not to constitute a will. Because the accompanying handwritten documents were not dated by the Decedent, those documents should also be found not to constitute a will. As a result of those two findings, the Court should deny admission of those documents to Probate, and order that the Decedent died intestate.

Appointment of Richard J. Jennette as Administrator Decedent appears to have died leaving two heirs: William Kotaska and Paul C. Gruber. Both persons have declined to serve as administrator, nominated Mr. Jennette as Administrator of the estate, and waived bond. It is recommended the Court appoint Mr. Jennette as administrator, and waive bond.

Tentative Ruling: Estate of Charles R. Dion Tentative Ruling: Estate of Charles R. Dion Case Number

Case Type Decedent's Estate Hearing Date / Time Wed, 07/29/2026 - 09:30 Nature of Proceedings Petition for Probate and Letters Testamentary Tentative Ruling Probate Notes: Appearances required. The following is noted for the Court at the hearing: Evidentiary Hearing Required.