Estate of Stephen James Mitchell
Estate of Stephen James Mitchell
Case Number
25PR00112
Case Type
Hearing Date / Time
Wed, 04/23/2025 - 08:30
Nature of Proceedings
Petition for Letters Administration
Tentative Ruling
Probate Notes:
The following must be submitted:
Supplement to the Petition. The following allegations must be made without creating ambiguity, but were left blank or improperly alleged and must be corrected by supplement:
- Paragraph 5a(2); please clarify whether the decedent had a predeceased spouse, and if so, please give the date of death of the pre-deceased spouse.
- Paragraph 8 – A supplement to the petition listing all known heirs must be provided, even if those heirs are deceased, including “all beneficiaries of a trust named in decedent’s will.” (Pet. at ¶8.) Paragraph 8 of the petition specifically requires listing even deceased heirs, and this Court requires heirs to the second degree, especially in intestate estates. The Court has discretion to require service to these heirs pursuant to Probate Code section 1202.
If the documents curing these deficiencies are not processed by 8:00 a.m. on April 21, 2025, it is recommended that the matter be continued to a date to be set by the Court at the hearing, 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).) 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).
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