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Petition for Probate and Letters Testamentary
Case Number
Case Type Decedent's Estate Hearing Date / Time Wed, 05/13/2026 - 09:30 Nature of Proceedings Petition for Probate and Letters Testamentary Tentative Ruling Probate Notes:
Appearances required. After review of the supplement filed on March 10, 2026, the following is noted for the Court at the hearing: Heirs Identified. According to the allegations in the petition, and the first supplement filed on March 9, 2026, the following heirs have been identified: William Kotaksa (jr.”) - Brother of decedent. Barbara Kotaksa Gruber - Deceased sister of decedent. Paul C. Gruber - Son of Barbara Kotaksa Gruber, nephew of decedent.
Further persons entitled to notice: Decedent's neighbors, "John and Patti" identified in the will. "Roger" identified in the will. "Roger's brother" identified in the will. The 'step children' of William Kotaksa. Proof of service must be given to these newly identified persons.
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.) The Amended proof of service filed on March 9, 2026, did not include the persons listed above in the 'further persons entitle to notice' section.
Waivers of Bond. Bond must be waived by all adult heirs at law. Petitioner must file bond waivers (Form DE-142) for all heirs or devisees named in a will. There is no bond waiver on file for Paul C. Gruber, William Kotaksa, or any of the further persons entitled to notice above.
Original Will. An original will and any codicil to that will must be lodged with the Court. (Prob. Code, Sec.Sec. 8200, et seq.) It is insufficient to attach a copy of the will to the petition without lodging the original.
Proof of Holographic Instrument (Form DE-135). The petition requests a holographic will or codicil be admitted to probate. All codicils must be proven in the same manner as a will (Prob. Code, Sec.Sec. 88, 6110, 8222), and all holographic instruments must be proven by submission of evidence that that the holographic instrument is in fact in the testator's handwriting. Form DE-135 must be used to do so.
Supplement to the Petition. A supplement to the petition must be submitted naming (and more completely identifying) all known persons named in decedent's will and their relationship to Decedent. (Pet. at P.8.) The Court has discretion to require service to these heirs pursuant to Probate Code section 1202.
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Nomination of Administrator. The holographic will does not name an executor. Petitioner does not have priority of administration over William Kotaksa or Paul Gruber pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)
Tentative Ruling: Estate of Edward Valencia Tentative Ruling: Estate of Edward Valencia