Petition to Determine Succession to Primary Residence
CASE NUMBER: 26PB-0033356 This matter is on calendar for hearing on a Petition to Determine Succession to Primary Residence. The matter has been properly noticed with proof of service on file. No objections have been raised. The Petition contains the following defects: 1. Item 2(a) is incomplete regarding the decedent’s date of death.
2. Form DE-300 is not attached as required by item 8.
3. An Inventory and Appraisal is not attached as required by item 8. The Court notes an Inventory and Appraisal was filed separately, however it is incomplete as to items 3 and 5 and is not signed.
4. Item 9(a) 3 or 4 must be completed.
5. Item 9(a) 5 or 6 must be completed.
6. Item 9(a) 7 or 8 must be completed.
7. Attachment 11 fails to provide facts to show that the property was decedent’s primary residence.
8. Item 13 states that Petitioner is entitled to 100% of the interest in the property. Petitioner is the decedent’s brother and attachment 14 indicates that the decedent was also survived by two sisters, therefore each sibling is entitled to a 1/3 share. It is unclear why Petitioner is entitled to 100% of the property.
The matter is continued to Monday, July 13, 2026, at 2:30 p.m. in Department 44 for further proceedings regarding the Petition to Determine Succession to Primary Residence. An amended Petition is required to be filed to address the issues raised above. Petitioner is also required to file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the amended Petition, on all parties entitled to notice. No appearance is necessary on today’s calendar.
ESTATE OF CECELIA HERNANDEZ
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