Judge Alesia Jones
Individual Rules, Standing Orders & Policies
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Document Filing Requirements20 rules
Further, waivers of accountings must conform to the language of Local Rule 7.71 and Local Form 7001-PR.
Amended Petition, item 3.d: The petition states that a bond is not required for reasons stated in item 3.e. However, there is nothing marked in item 3.e. Absent bond waivers by all heirs, the court intends to set bond.
Amended Petition, item 3.c: The decedent’s address at death must be provided (Probate Code § 8002(a)(2).
Amended Petition, item 1: The petitioner did not specify which newspaper will be used for publication.
Amended Petition, item 2: The petitioner’s name is not listed.
The petitioner shall clarify if the will is lost and provide the missing attachment as to why the presumption in Probate Code §6124 does not apply.
Amended Petition, item 3.a: The place of death was not provided.
The petition also indicates that there is a codicil, which is not attached. The petitioner must lodge the codicil, if one exists.
The petition indicates that the named executors have declined to act. However, there were no declinations attached.
Amended Petition, item 5.b: Either was or was not must be marked.
The petitioner must file a copy of the trust, with all amendments, disclaimers and corrections, with the court under confidential cover. (Solano County Local Rules, Rule 7.51(c).)
Amended Petition, item 5.a: Either (3) or (4), and either (7) or (8) must be marked.
The name of all trustees and beneficiaries of the decedent’s trust must be listed as well as their information. (Solano County Local Rules, Rule 7.51(a).)
There is no Duties and Liabilities Form DE-147 on file and is required. (Prob. Code §8404.)
The relationship for “Winfred Cameron” and “Lucille Varnes” was not provided.
The petition indicates the decedent was survived by a spouse. The spouse was not listed in item 8 and was not given notice.
It is unclear if any of the persons listed aside from the petitioner and Clarence Cameron are adults or minors.
The name, relationship to decedent, age and address for the decedent’s spouse was not provided.
The information for “Beluha Hardgray” and “Jean Price” was not provided and is required as they are the named executors and are entitled to notice.
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Filing & Service rules
Filing Timing and Cure Windows
The personal representative in the Felciano estate must file either a petition for final distribution or a first status report within 12 months after letters issue.
The personal representative shall file either their petition for final distribution or their first status report within 12 months of the date letters are issued.
Page 9 | Pregrants and Tentative Rulings
The personal representative in the Felciano estate must file the Inventory and Appraisal within four months after letters issue.
The personal representative shall file their Inventory and Appraisal within four months of the date letters are issued.
Page 9 | Pregrants and Tentative Rulings
Service and Proof of Service Rules
A proof of service showing proper notice to all persons entitled to notice of the original or amended petition is required.
There is no proof of service to show that proper notice was given to all persons entitled to notice of either the original or amended petition. (Prob. Code §8110.)
Page 8 | Pregrants and Tentative Rulings
A party or attorney appearing by Zoom for a law and motion matter, evidentiary hearing, or court trial is deemed to agree to email or electronic service of the court’s post-hearing order.
Any party or attorney who elects to appear via Zoom for law and motion, evidentiary hearing or court trial must have an email address on file with the court and is deemed to agree to email/electronic service of an order after hearing by the court.
Page 1 | Advance Preparation