ESTATE OF PATRICIA VAUGHN

CASE NUMBER: 26PB-0033234 This matter is on calendar for hearing on an amended Petition for Probate of Lost Will. The matter has been properly noticed with proof of service on file. Proof of proper publication has been filed. The amended Petition filed on April 2, 2026, fails to overcome the presumption under Probate Code Section 11

6124. Probate Code Section 6124 states that, “If the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator’s death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence.” The Petition acknowledges that the decedent possessed a folder which contained a health care directive and power of attorney, but no will was found.

As it appears the decedent was the last person in possession of the will and was competent until death, Petitioner bears the burden of producing evidence that the decedent did not destroy the will with the intent to revoke it. No such evidence has been provided. Petitioner only obtained the will by contacting the attorney who prepared the remaining estate planning documents. There is no indication that the attorney provided a duplicate original of the will. The Petition for Probate of Lost Will is DENIED without prejudice.

The matter is continued to Monday, June 29, 2026, at 2:30 p.m. in Department 44 for further proceedings on the amended Petition for Probate of Lost Will. Petitioner is required to file and serve a new Petition for Letters of Administration and Notice of Petition for the continued hearing date on all parties entitled to notice. The Court will accept the previously filed proofs of publication as providing proper notice of any further proceedings. No appearance is necessary on today’s calendar.

ESTATE OF ALLISON ZANNI