Petition to Determine Succession to Primary Residence
has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.
Tentative Ruling: Estate of Della Szczepanski Tentative Ruling: Estate of Della Szczepanski Case Number
Case Type Decedent's Estate Hearing Date / Time Mon, 06/15/2026 - 08:30 Nature of Proceedings Petition to Determine Succession to Primary Residence Tentative Ruling Probate Notes: The following must be submitted: Proof of Recorded Title (Evid. Code, Sec.662).
Since "a person may not transfer an estate or interest in property unless that person is the owner of the estate or interest in question or has the legal authority to act on that owner's behalf" (Restatement (Fourth) of Property Sec. 1.1 (2024), the Court must have evidence of how title is held: The nemo dat principle is typically expressed in the full Latin phrase "nemo dat quod non habet," which roughly translates to "one can only transfer what one owns" or, in the negative, "one cannot transfer property that one does not own."
It is sometimes called the "derivation principle" because the transferee's interest derives from the transferor's. (Id., at cmnt. a. See also (Miller & Starr (2024) 3 Cal. Real Est. Sec. 8:58 (4th ed.) Sec. 8:58 ["It is axiomatic that a deed cannot convey more than is owned by the grantor. If a deed purports to convey property that is not owned by the grantor, it is ineffective to convey the property, and it is a "wild deed" that can have no effect on title of the person who holds real title to the property."]; and Romero v.
Shih (2024) 15 Cal.5th 680, 689 [citing same in Miller & Starr].)
Death Certificate. Allegations must be sufficient to establish a valid reason why Petitioner gets property. (Prob. Code, Sec. 13152.) There also must be sufficient evidence to establish the facts alleged in the petition. This is usually accomplished by the submission of the 1) Certificate of Death for decedent and spouse, which must be submitted to prove date of death of Decedent and spouse; and 2) recorded deed showing how title to the real property is currently held. (See Evid. Code Sec.412 ["If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust."].)
If the documents curing these deficiencies are not processed by noon on June 12, 2026, it is recommended that the matter be continued to a date set by the court, 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).)
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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).