ESTATE OF LINDA NIERENBERG

This matter is on calendar for hearing on a Sixth Amended Petition to Determine Succession to Primary Residence. The Court notes the Petition was revised by the Judicial Council on April 28, 2025, for mandatory use. Petitioner has used the prior version of form DE-310, “Petition to Determine Succession to Real Property.” The Declaration filed by Counsel on April 6, 2026, requests that the Petition be determined under the prior version of Probate Code Sections 13150-13154. Petitioner contends that because the decedent died and the Petition was filed prior the revision of Probate Code Sections 13150- 13154, the prior versions of the statues apply. The prior versions do not require that the real property be the decedent’s primary residence. Probate Code Sections 13150-13154 were revised pursuant to AB 2016 and became effective January 1, 2025 (not April 1, 2025).

Counsel further argues that Probate Code Section 13150(f) specifies that the applicable statutory framework depends on the date of death of the decedent. There is no language in the statutes limiting their application to the date of death. Probate Code Section 3(c) provides that, “a new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, creation of a fiduciary relationship, death of a person, commencement of a proceeding, making of an order, or taking of an action.” Subsection (d) goes on to specify that:

“If a petition, account, report, inventory, appraisal, or other document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but any subsequent proceedings taken after the operative date concerning the petition, account, report, inventory, appraisal, or other document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law.”

The Sections apply as of the effective date, despite that the Judicial Council did not publish the revised form DE-310 until April 28, 2025. The original Petition in this case was filed on February 14, 2025, (not March 11, 2025), therefore the revised statues applied at the time of filing.

This matter has been continued ten times to allow Petitioner to provide sufficient facts to show that the real property was the decedent’s primary residence as required by Probate Code Section 13152. The 10

Petition states that, “Linda did not have any other residence outside of 17829 Shawn Drive. This was her primary residence. She was staying in North Carolina with family. There was no other residence she owned.” The Court cannot assume that because the decedent was staying with family and owned no other residence means that the subject property was her primary residence. No facts have been provided to support the assertion that the real property was her primary residence. The Petition is DENIED without prejudice. The clerk is directed to close the file. No appearance is necessary on today’s calendar.