Petition for Probate and Letters Testamentary
Case Number
Case Type Decedent's Estate Hearing Date / Time Wed, 06/10/2026 - 04:30 Nature of Proceedings Petition for Probate and Letters Testamentary Tentative Ruling Probate Notes: Appearances required.
On February 19, 2026, Scott Christian Dion filed a Petition for Probate of Will and Letters Testamentary. On May 19, 2026, Gloria Foster filed a written objection to Mr. Dion's petition. The objection places this matter at issue, requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.) The opposition contained an objection to the will and to the appointment of the personal representative.
Due to the objection, the following must be submitted: Competing Petition. A contest to a petition for administration of a decedent's estate may involve a contest to the appointment of the personal representative, a contest to the will, or both. When appointment of a personal representative is contested, Probate Code section 8004 requires a written objection and competing petition be filed and served in accordance with Probate Code section 8110 [15 days, mail or personal service to all entitled to take by intestate, and each devisee, executor, and alternative executor]. (Prob.
Code, Sec. 8004, subd. (a).) The competing petition need not be published as long as publication of the first petition was completed according to statute. There is no competing petition on file. Objector must file a competing petition for letters of administration on form DE-111, before an evidentiary hearing can be set.
Proof of Service of Summons. When a will is contested, Probate Code section 8250 requires a written objection to probate of the will be filed, and a copy of the objection along with a summons be served to all those entitled to notice listed in section 8110 [all entitled to take by intestate, and each devisee, executor, and alternative executor]. The summons must be served according to the procedures in the Code of Civil Procedure Title 5, Part 2, Chapters 3 and 4 [Sec. 412.10 et seq]. The petitioning party may file an answer to the objection, or demur, within 30 days after service of the summons. (Prob. Code, Sec. 8250, subd(a) and 8251, subd. (a).) If a party fails to respond to a served summons within 30 days, the case is still at issue, but the non-responding party loses the right to further contest the appointment or the will. (Prob. Code, Sec. 8251, subd. (c).)
Tentative Ruling: Conservatorship of Johnny Tucker Jr Tentative Ruling: Conservatorship of Johnny Tucker Jr
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”