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Estate of Ronald Lee Campbell

Case Number

25PR00111

Case Type

Decedent's Estate

Hearing Date / Time

Mon, 04/21/2025 - 08:30

Nature of Proceedings

Petition: Probate Will and Letters of Administration - Will Annexed

Tentative Ruling

Probate Notes:

Appearances required.  The following is noted for the Court at the hearing:

Original Will.  The original will appears to be lost, as the will lodged with the court is a copy.  An original will and any codicil to that will must be lodged with the Court. (Prob. Code, §§ 8200, et seq.)  If the original is lost, petitioner must amend the Petition to provide an attachment alleging why the presumption of destruction in Probate Code section 6124 should not apply, or provide evidence overcoming the presumption of destruction.

Petitioner may overcome this presumption with substantial evidence that shows the Court some supported fact that the Decedent did not destroy the will.  Petitioner is referred to the following authority to understand the evidence required to overcome the presumption of destruction in Probate Code section 6124:

  • Estate of Trikha (2013) 219 Cal.App.4th 791, 804 [substantial evidence required to overcome presumption]
  • Lauermann v. Superior Court (2005) 127 Cal.App.4th 1327, 1333 [Duplicate Original not usually sufficient]

It is recommended the Court order the Petitioner to amend the petition to address the lost will.

Affidavit of Subscribing Witness.  The will is not self-proving, because it does not meet the requirements of Probate Code section 6110, 8220(b), and 8221(b)(1) [must contain attestation clause of witnesses under penalty of perjury]. To overcome this defect, Petitioner must submit an Affidavit of Subscribing Witness (Form DE-131), of at least one of the witnesses to the execution of the will.

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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