Estate of Fernando Contreras

The following must be submitted: Amended petition. Paragraph 3 - Petitioner estimates value of the estate at zero. An estate cannot be valued at zero without creating a judicial admission that no property exists in the estate, which not only negates the need for probate, but prohibits this court from taking jurisdiction of the estate, because jurisdiction of the probate court is in rem. Please submit amendment correcting the value of the estate or the petition will be recommended for denial. Corrections within the amendment. The following allegations must be made without creating ambiguity, but were left blank or improperly alleged and must be corrected with the amendment: Paragraph 2b - there is no person listed for the Court to name as administrator, because this paragraph was left blank. The amended petition should list the name of at least one proposed administrator. Paragraph 5a(5) (a) or (b) without Paragraph 5a(6) Paragraph 8 - Petition lists one person as heir, with no relationship. Although this information is gleanable from paragraph 3g(2)(c), it should be listed at paragraph 8, along with all known heirs. (Pet. at ¶8.) Paragraph 8 of the petition specifically requires listing even deceased heirs, and this Court requires heirs to the second degree, especially in intestate estates. The Court has discretion to require service to these heirs pursuant to Probate Code section 1202. Proof of Service of Notice of Hearing (Form DE-121). Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors. (Prob. Code, §§ 8100 & 8110.) Notice must be sent to the person, not the person's representative. (§1220.) Petitioner must serve the amended petition to any heirs listed in paragraph 8 of that petition, but need not serve themself. (Prob. Code, 1201.) Waivers of Bond. Bond must be waived by all adult heirs at law. Petitioner must file bond waivers (Form DE-142) for all heirs or devisees named in a will. Bond waivers must be obtained by any person named at paragraph 8 of the amended petition. Proposed Order (Form DE-140). A proposed order must be submitted with relief that matches that requested in the petition. No such document was filed with the court. 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. 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).