Matter of The Kiger Family Trust

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]

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.

Proposed Order (Form DE-140). A proposed order must be submitted with relief that matches that requested in the petition. No such document was filed with the court.

Proposed Letters (Form DE-150). Proposed letters must be submitted with relief that matches that requested in the petition. No such document was filed with the court.

If the documents curing these deficiencies are not processed by 8:00 a.m. on July 24, 2026, 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).

Tentative Ruling: Matter of The Kiger Family Trust Tentative Ruling: Matter of The Kiger Family Trust Case Number

Case Type Trust Hearing Date / Time Wed, 07/22/2026 - 09:30 Nature of Proceedings Petition to Appoint Successor Trustee Tentative Ruling Probate Notes: Appearances required.

The following must be submitted: Proof of Service of Notice of Hearing. "At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons: (1) All trustees. (2) All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3. (3) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General." (Prob. Code, Sec. 17203.)

Any Respondents desirous to object to the Petition, must file a written objection before the hearing. The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.