Estate of Levi Isaac Lopez

Case Number

24PR00714

Case Type

Hearing Date / Time

Wed, 04/02/2025 - 08:30

Nature of Proceedings

Petition for Letters Administration

Tentative Ruling

Probate Notes:

Appearances required.

The petition filed by Gloria Gonzales on December 23, 2024, received oral objection by Madisyn Kahrs at the February 19, 2025, hearing.  The Court ordered Ms. Kahrs to file written objection.  No written objection is on file.

Failure to file written objection before the hearing may result in the Court waiving that objection pursuant to CRC, Rule 7.801.

If a written objection is filed, the following must also be submitted:

Competing Petition. When appointment of a personal representative is contested, Probate Code section 8004 requires a competing petition be filed and served in accordance with Probate Code section 8110 [15 days, mail or personal service to all entitled to take by intestate, and each devisee, executor, and alternative executor].  (Prob. Code, § 8004, subd. (a).)

The following defect in Ms. Gonzales’ petition is also noted for the Court at the hearing:

No Waivers of Bond. Bond must be waived by all adult heirs at law (whether actual or potential). Petitioner must file bond waivers (Form DE-142) for all heirs listed at paragraph 8 of the petition. Since no bond waivers were submitted, it is recommended the Court set bond pursuant to Probate Code section 8482, which appears to be estimated at (roughly) $300,000.  The court can take evidence on the value of the estate, but the Declaration filed on February 14, 2025 does not properly calculate bond pursuant to section 8482.

Amended Proposed Order (Form DE-140).  An amended proposed order must be submitted that contains the properly calculated bond amount.

Appearances:

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

Meeting ID: 161 956 1423

Passcode: 137305