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Estate of Michael Richard Burns

Case Number

24PR00541

Case Type

Decedent's Estate

Hearing Date / Time

Mon, 03/17/2025 - 08:30

Nature of Proceedings

Petition: Letters Administration

Tentative Ruling

Probate Notes:

Appearances required.

On September 20, 2024, Samantha Burns filed a Petition for Letters of Administration seeking appointment as administrator of the estate.  There was no testamentary instrument submitted with the petition, nor requested for probate.

On November 14, 2024, Dena Pantoja filed a written objection, and amended said objection on February 4, and March 7, 2025.  On March 7, 2025, Dena Pantoja also filed a competing petition for appointment as personal representative, seeking admission of a will to probate that was lodged with the Court on December 9, 2024.  This places the petition of Ms. Burns 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 following is noted for the Court at the hearing:

Verified Will Contest pleading creates confusion and fails due process.  Dena Pantoja’s “Verified Will Contest” filing indicates a desire to contest a will, when there is no will sought to probate, other than the will offered by Dena Pantoja. It defies logic why one would want to contest their own evidence, when that evidence indicates they are the sole devisee of the entire estate.  There also is not Proof of Service of this document on file.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 797 5412

Passcode: 8749009

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