Petition to Determine Succession to Primary Residence
Mon, 06/01/2026 - 08:30 Nature of Proceedings Petition for Letters of Administration Tentative Ruling Probate Notes: The following must be submitted: Supplement re: Probate vs. Spousal Property Petition.
The petition requests probate of a Decedent's estate who left a surviving spouse. Petitioner must submit supplement explaining why probate of this estate is favorable over the following procedures: Spousal or Domestic Partner Property Petition (form DE-221) Affidavit for Disposition of Community Property Real Estate (Probate Code 13540-13541) Disposition of Community Property Securities (Probate Code 13545) Affidavit for Collection of Compensation Owed to Deceased Spouse or Registered Domestic Partner (Probate Code 13600)
If the documents curing these deficiencies are not processed by 8:00 a.m. on May 29, 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).
Tentative Ruling: Estate of Christine Elizabeth Niro Tentative Ruling: Estate of Christine Elizabeth Niro Case Number
Case Type Decedent's Estate Hearing Date / Time Mon, 06/01/2026 - 08:30 Nature of Proceedings Petition to Determine Succession to Primary Residence Tentative Ruling Probate Notes: The following must be submitted: Amended Petition (Form DE-310) .
Every person to whom the interest passes must either join in the petition or disclaim their interest. (Prob. Code, Sec. 13152; Pet. at P.12, Prop. Ord., at P.9.) Disclaimer must follow the strict requirements in Probate Code sections 275 et seq.
Petitioners propose the Court grant this petition, transferring 33.3% interest in the real property to each of Decedent's three children, but the Last Will and Testament of Decedent devised the residue of the estate 33% to each child, and 1% to Decedent's sister, Regina A. Palkovitch. Thus, Regina A. Palkovitch must disclaim the 1% interest or join in the petition.
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Please submit a death certificate as proof of death of the Decedent. (Prob. Code, Sec. 1310, Evid. Code, Sec.412, Hlth. & Saf. Code, Sec. 103550.)
Because the petition must be amended, it is recommended that the matter be continued to a date 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).