Petition for Probate of Will and for Letters Testamentary
2026PRDE059759: IN THE MATTER OF DARLENE JOYCE BOLEN 05/21/2026 in Department J6 Hearing on Petition for Probate of Will and for Letters Testamentary LOST WILL
Objector has alleged enough to rebut the presumption of revocation, however, Objector argues that there is, in her possession, a 2020 will which revokes and supersedes the 2019 regardless of it is lost or not.
Gail Gallo alleges she has in her possession decedents will dated July 15, 2020.
Has Gail Gallo lodged the will with the Court?
Has Gail Gallo filed a petition for probate of the July 15, 2020 will?
Probate Code §8200, in pertinent part:
(a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following: (1) Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2) Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the person's whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the person's whereabouts is known to the custodian.
(b) A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
Objection filed by Gail Gallo. She objects to the appointment of petitioner.
The grounds for ineligibility to be appointed personal representative are in Probate Code §8402:
(a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances: (1) The person is under the age of majority. (2) The person is subject to a conservatorship of the estate or is otherwise incapable of executing, or is otherwise unfit to execute, the duties of the office. (3) There are grounds for removal of the person from office under Section 8502. (4) The person is not a resident of the United States. (5) The person is a surviving business partner of the decedent and an interested person objects to the appointment. (b) Paragraphs (4) and (5) of subdivision (a) do not apply to a person named as executor or successor executor in the decedent's will.
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2026PRDE059759: IN THE MATTER OF DARLENE JOYCE BOLEN
Probate Code §8502 A personal representative may be removed from office for any of the following causes: (a) The personal representative has wasted, embezzled, mismanaged, or committed a fraud on the estate, or is about to do so. (b) The personal representative is incapable of properly executing the duties of the office or is otherwise not qualified for appointment as personal representative. (c) The personal representative has wrongfully neglected the estate, or has long neglected to perform any act as personal representative. (d) Removal is otherwise necessary for protection of the estate or interested persons. (e) Any other cause provided by statute.
None of the grounds for ineligibility apply here. Objector is making claims as to the ownership of alleged probate estate assets, petitioners actions as to Objector re alleged estate property, and that there is a later will, which Objector has not lodged with the court or petitioned to have probated. None of the allegations are sufficient to deny appointment of a named executor. (Probate Code §8420, §8402)
Objector to lodge the original 07/15/2020 will with the court.
Does objector intend to file a Petition to Probate the will? The Court orders this petition continued to be heard with the competing petition.
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