Petition for Probate and Letters Testamentary
Nature of Proceedings Petition for Internal Affairs and Elder Abuse Tentative Ruling Probate Notes: Appearances required.
On February 17, 2026, Tedd Barnett filed a Petition to 1) Determine Validity of Trust; 2) Impose Constructive Trust; and 3) Award Damages and Other Relief for Wrongful Taking and Financial Elder Abuse. The petition cited to Probate Code sections 86, 259, 850, 853, 859, 16420, 17200, 21380, and Welfare and Institution's Code section 15600, et seq.
No objection is on file as of July 21, 2026. The filing of an objection would place this matter at issue and requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)
Any Respondents desirous to object to the Petition, must file a written objection before the 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.
Tentative Ruling: Estate of Bonita Lynne Hood Tentative Ruling: Estate of Bonita Lynne Hood Case Number
Case Type Decedent's Estate Hearing Date / Time Tue, 08/04/2026 - 09:00 Nature of Proceedings Petition for Probate and Letters Testamentary Tentative Ruling Probate Notes: The following must be submitted: Confidential Supplement to Duties and Liabilities of Personal Representative (DE-147(S)). The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, Sec. 8404.) No such form was submitted.
The following is noted for the Court at the hearing: No Original Will. An original will and any codicil cannot currently be lodged with the Court. (Prob. Code, Sec.Sec. 8200, et seq.) The Court cannot admit a copy of a will to probate without evidence that the lost original will cannot be found and the presumption of destruction in Probate Code section 6124 does not apply. Petitioner may overcome this presumption with substantial evidence that shows the Court some supported fact that the Decedent did not destroy the will.
Petitioner is referred to the following authority to understand the evidence required to overcome the presumption of destruction in Probate Code section 6124:
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Petition for Production Required. Petitioner alleges the original will is the possession of a custodian that does not appear willing to deliver the will to the court. A petition pursuant to Part 2 of Division 7, Chapter 3, Article 1 of the Probate Code is required to compel delivery of the will to probate. (Prob. Code, Sec.Sec.8200 et seq.)
Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom