Matter of May Romek

8200, et seq.) It is insufficient to attach a copy of the will to the petition without lodging the original. If the will is holographic, "the petitioner shall also attach a typed copy of the will." (Prob. Code, Sec.8002(b)(1).) No typed copy of the will was submitted.

If the original is lost, petitioner must amend the Petition to provide an attachment alleging why the presumption of destruction in Probate Code section 6124 should not apply, or provide evidence overcoming the presumption of destruction. 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: Estate of Trikha (2013) 219 Cal.App.4th 791, 804 [substantial evidence required to overcome presumption] Lauermann v. Superior Court (2005) 127 Cal.App.4th 1327, 1333 [Duplicate Original not usually sufficient]

Affidavit of Subscribing Witness. The will is not self-proving, because it does not meet the requirements of Probate Code section 6110, 8220(b), and 8221(b)(1) [must contain attestation clause of witnesses under penalty of perjury]. To overcome this defect, Petitioner must submit an Affidavit of Subscribing Witness (Form DE-131), of at least one of the witnesses to the execution of the will.

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.

Tentative Ruling: Matter of May Romek Tentative Ruling: Matter of May Romek Case Number

Case Type Probate Hearing Date / Time Wed, 07/29/2026 - 09:30 Nature of Proceedings Petition to Enforce Power of Attorney Tentative Ruling Probate Notes: Appearances required.

The following is noted for the Court at the hearing: Defective Service. Petitions to Enforce Power of Attorney must be served on the third party via personal service. Probate Code section 4544(b) states: In the case of a petition to compel a third person to honor the authority of an attorney-in-fact, notice of the time and place of the hearing, together with a copy of the petition, shall be served on the third person in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Section 413.10 is the section requiring personal service of a summons. (See also CCP, Sec. 415.10.)