Conservatorship of Miller

Further persons entitled to notice that were identified in the second supplement are as follows: Decedent's neighbors, "John and Patti" identified in the will. "Roger" identified in the will. "Roger's brother" identified in the will. The 'step children' of William Kotaksa.

The Amended proof of service filed on March 9, 2026, did not include the persons listed above in the 'further persons entitle to notice' section. Proof of service must be given to these newly identified persons, and the Court has discretion to order such service. (Prob. Code, Sec.1202.)

Order waivers of Bond. Bond must be waived by all adult heirs at law. Petitioner must file bond waivers (Form DE-142) for all heirs or devisees named in a will. There is no bond waiver on file for Paul C. Gruber, William Kotaksa, or any of the further persons entitled to notice above.

If petitioner changes their mind and seeks to admit one (or both) of the proffered wills to probate, the following must be submitted:

Original Will. An original will, and any codicil to that will, must be lodged with the Court. (Prob. Code, Sec.Sec. 8200, et seq.) It is insufficient to attach a copy of the will to the petition without lodging the original.

Proof of Holographic Instrument (Form DE-135). The petition requests a holographic will or codicil be admitted to probate. All codicils must be proven in the same manner as a will (Prob. Code, Sec.Sec. 88, 6110, 8222), and all holographic instruments must be proven by submission of evidence that that the holographic instrument is in fact in the testator's handwriting. Form DE-135 must be used to do so.

Nomination of Administrator. The holographic will does not name an executor. Petitioner does not have priority of administration over William Kotaksa or Paul Gruber pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)

Tentative Ruling: Conservatorship of Miller Tentative Ruling: Conservatorship of Miller Case Number

Case Type Limited Conservatorship - Person Hearing Date / Time Wed, 05/27/2026 - 09:30 Nature of Proceedings Conservatorship Compliance Hearing Tentative Ruling Appearances required.

The following must be submitted: Proof of service of Notice of Conservatee's Rights on Ryan Miller, who is entitled to service as the conservatee's parent as well as the co-conservator of the conservatee's person. As Ryan Miller did not join in this petition, notice cannot be excused or presumed. (See Prob. Code, Sec. 1201.)

There is no proof that this care plan was served on the conservatee's attorney (the Public Defender) or co-conservator Ryan Miller. Both are entitled to notice. (Prob. Code, Sec. 2351.2 (a)(2)(A).)

The court intends to order that service be accomplished as outlined above with proofs of service filed at least 30 days prior to the next review hearing on September 23, 2026, unless Ryan Miller and an attorney from the Public