Estate of Delbert David Wise (UPDATED 5/13/24)
Estate of Delbert David Wise (UPDATED 5/13/24)
Case Number
24PR00113
Case Type
Hearing Date / Time
Mon, 05/13/2024 - 08:30
Nature of Proceedings
Petition for Letters of Administration
Tentative Ruling
Probate Notes:
Appearances required.
At the first hearing on this matter, it was indicated a stipulation was reached and would be filed. The Court ordered that stipulation filed, but has not received that stipulation as of May 10, 2024, at 8 am.
A competing petition by Rhonda Trujillo was filed on May 2, 2024. The following procedural defects must be corrected before that petition can be considered:
Duties and Liabilities Acknowledgement (Form DE-147). The proposed personal representative must fill out and sign this form and submit it to the court. (Prob. Code, § 8404.) No such form was submitted.
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.
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.
The following defects persist for the petition filed by Mary Brown:
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.
Nomination of Administrator. Petitioner does not have priority of administration over Rhonda Y. Trujillo pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority.
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.