Petition for Letters of Administration
fact, there is no authority to even justify title taken in the name of the trust after execution of the trust, if language in the trust does not provide for additional property to be added in the future. This outcome does not change because there exists a pour-over will. Assets that will eventually be 'poured over' into a trust cannot be transferred to that trust without the necessary probate process. (Placencia v. Strazicich (2019) 42 Cal.App.5th 730, 744. ["Accordingly, it would be premature for the court to distribute Ralph's personal estate at this time. (See Estate of Hart (1957) 151 Cal.App.2d 271, 280-281, 311 P.2d 605 [where title vests subject to the administration of the estate, the right to possession is deferred until the distribution of the estate and is contingent upon the will not being set aside by a contest after probate].)
Thus, a party cannot "skip" probate, just because a pour-over will exists. As a result of the above authority, the inheritance property in this case cannot be taken in the name of the trust, because it vested after the trust was executed. Therefore, the Court cannot hold that property to be trust res until it is distributed to the trust via the Probate process from the Decedent's estate.
Tentative Ruling: Estate of Karen Lea Holmes Tentative Ruling: Estate of Karen Lea Holmes Case Number
Case Type Decedent's Estate Hearing Date / Time Tue, 07/14/2026 - 09:00 Nature of Proceedings Petition for Letters of Administration Tentative Ruling Probate Notes: The following must be submitted: Supplement re: Next of Kin. Petitioner alleges a thorough and diligent search for next of kin, but does not admit to hiring an heir hunter for said search. Please submit supplement explaining the effort made in the search for next of kin, and why an heir hunter was not contracted.
Proof of Service of Notice of Hearing (Form DE-121). Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors. (Prob. Code, Sec.Sec. 8100 & 8110.) Notice must be sent to the person, not the person's representative. (Sec.1220.) Any relatives identified by an heir hunter must be served.
Proposed Order (Form DE-140). A proposed order must be submitted with relief that matches that requested in the petition. No such document was filed with the court.
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Proposed Letters (Form DE-150). Proposed letters must be submitted with relief that matches that requested in the petition. No such document was filed with the court.
If the documents curing these deficiencies are not processed by 8:00 a.m. on July 13, 2026, it is recommended that the matter be continued to a date to be set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered.
Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the "Filing Description" field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field - BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).