Estate of Arthur Manuel Barba, Sr

Case Number

23PR00166

Case Type

Hearing Date / Time

Thu, 05/09/2024 - 09:00

Nature of Proceedings

Petition: Determine Claim to Property

Tentative Ruling

An Amended Petition must be filed that includes all elements of Probate Code § 13152.

It is highly recommended that Petitioner utilize Judicial Council Form DE-310.

The portions of Probate Code § 13152 that are not addressed in the Petition are:

(a) The petition shall be verified by each petitioner, shall contain a request that the court make an order under this chapter determining that the property described in the petition is property passing to the petitioner, and shall state all of the following:

(1) The facts necessary to determine that the petition is filed in the proper county.

(6) Whether estate proceedings for the decedent have been commenced in any other jurisdiction and, if so, where those proceedings are pending or were conducted.

(b) An inventory and appraisal in the form set forth in Section 8802 of the decedent’s real and personal property in this state, excluding the property described in Section 13050, shall be attached to the petition. The appraisal shall be made by a probate referee selected by the petitioner from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located. The appraisal shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The petitioner may appraise the assets that a personal representative could appraise under Section 8901.