Estate of Mary Colyar
Case Information
Motion(s)
Petition for Letters of Administration
Motion Type Tags
Petition
Parties
- Other: Karlfranz Van Baas
- Other: Bob Babulas
Ruling
Case Type Conservatorship Hearing Date / Time Mon, 05/04/2026 - 08:30 Nature of Proceedings Petition to Appoint Limited Conservator Tentative Ruling Probate Notes: Appearances required.
The following defects must be corrected before the hearing: Proof of Personal Service of Summons. In a conservatorship proceeding, jurisdiction is obtained through personal service of a citation and a copy of the petition for conservatorship upon the proposed conservatee, 15 days before the hearing. (Prob. Code, Sec. 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.)
The Proof of Service on file shows service on the conservatee was not only on March 31, 2026, but proof of service was not on the mandatory Judicial Council Form (GC-320), nor was given to the proposed conservatee. Delivery of the Citation must be to the person cited, not a caregiver. (Prob. Code, Sec.1215.)
The proposed conservatee is not expected to attend the hearing. (Prob. Code, Sec. 1825(a)(2)[medical inability].)
Tentative Ruling: Estate of Mary Colyar Tentative Ruling: Estate of Mary Colyar Case Number
Case Type Decedent's Estate Hearing Date / Time Mon, 04/13/2026 - 08:30 Nature of Proceedings Petition for Letters of Administration Tentative Ruling Probate Notes: The following must be submitted: Attorney Signature. The Petition must be verified by Petitioner (Prob. Code, Sec. 1021) and signed by attorney (CCP, Sec. 128.7). The petition in this case was not signed by the named attorney, and the third supplement does not solve the problem. Please resubmit the petition with the proper signature.
Nomination of Administrator. Petitioner does not have priority of administration over Karlfranz Van Baas or Bob Babulas pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. There is no written declination on file. 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.)
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.
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).