In the Matter of Estate of Rodney K Menzel
Case Information
Motion(s)
Petition for Probate of Will and for Letters Testamentary
Motion Type Tags
Petition
Parties
- Other: Rodney K Menzel
- Other: David Bagwell
- Other: Jodi Bagwell
Ruling
2025PRDE055388: IN THE MATTER OF ESTATE OF RODNEY K MENZEL 05/21/2026 in Department J6 Hearing on Petition for Probate of Will and for Letters Testamentary
Notice is insufficient. Notice of Petition to Administer Estate (DE-121) served by mail on date not given at #4.a. of the Proof of Service By Mail.
Further, David Bagwell and Jodi Bagwell, named alternate executors, have not been served notice. The trustee of the Menzel Family Trust has not been given notice, if petitioner is the trustee of the Menzel Family Trust, a declaration re sufficient service of notice pursuant to Probate Code §1208. (Probate Code §8110; §1208)
Supplement filed 04/02/26. The court deems the following completed, pursuant to the supplement:
#3.c. #5.a.(4) 35.a.(8)
Stating the verification is signed and the petition for probate signed is insufficient.
Petitioner to file a verified supplement with an attached signed verification and execution page of the Petition for Probate, or a separate signed verification stating the name of the document being verified and executed by the petition and signed by the attorney.
#3.h. is not completed.
The publication does not include notice of the request for IAEA authority. Petitioner can either be appointed without IAEA authority or can re-publish with the notice that IAEA authority was requested. (Probate Code §10451)
Petitioner stated she will complete proper notice to all required persons and will republish notice to include the request for authority under the Independent Administration of Estates Act.
Petitioner to file and serve a verified supplement completing #3.h, file a sufficient verification of the Petition for Probate, and statutorily sufficient service of the Notice of Petition to Administer Estate (DE-115) on or before 07/09/26.
2025PRDE055388: IN THE MATTER OF ESTATE OF RODNEY K MENZEL
The court intends to continue the hearing to 07/16/26 at 10:30 a.m. in Department J6. _______________________
2