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  • Estate of  Smith, Lisa  AnnDecedent's Estate document preview
  • Estate of  Smith, Lisa  AnnDecedent's Estate document preview
  • Estate of  Smith, Lisa  AnnDecedent's Estate document preview
  • Estate of  Smith, Lisa  AnnDecedent's Estate document preview
  • Estate of  Smith, Lisa  AnnDecedent's Estate document preview
  • Estate of  Smith, Lisa  AnnDecedent's Estate document preview
  • Estate of  Smith, Lisa  AnnDecedent's Estate document preview
  • Estate of  Smith, Lisa  AnnDecedent's Estate document preview
						
                                

Preview

DE-121 ATTORNEY OR PARTY WIYHout AYYORNEY (Name. Siale Bar number and adnressf FOR COURT USE ONLY Henry T. Rau, SBN: 274551 1880 Willamette Falls Drive, Suite 250 West Linn, Oregon 97068 TELEPHQNE No 503-222-3434 Fax No foosonse 971-319-0013 E.MAiL AooREss foormnag htr@raulawfirm corn ATTORNEY FOR (Namel Amy WeatbrOOk 6/8/2023 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE stREEt AooREss 1775 Concord Avenue MAiuNBAooREss 1775 Concord Avenue citYANozIPcooE Chico, CA 95928 BRANcH NAME Butte County Superior Court - Probate Department ESTATE OF (Name: Lisa Ann Smith DECEDENT NOTICE OF PETITION TO ADMINISTER ESTATE OF CASE NUMBER (Name)t Lisa Ann Smith 23PR00264 1. To all heirs, benefioanes, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both, of (specify a/I names by which the decedent was known): Lisa Ann Smith 2 A Petition for Probate has been filed by (name of petilioner). Amy Westbrook in the Superior Court of Cahfornia, County of (specify): Butte 3. The Petition for Probate requests that (name): Amy Westbrook be appointed as personal representative to administer the estate of the decedent. 4. ~ The petition requests the decedent's will and codicils, for examination in the file kept by the court if any, be admitted to probate The will and any codicils are available 5. ~x The petition requests authority to administer the estate under the Independent Administration of Estates Act. (This authonty will allowthe personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authonty will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority. 6. A hearing on the petition will be held in this court as follows: a. Date: June 27, 2023 Time. 9.00am Dept 1 Room: b. Address ofcourt: ~x same as noted above ~ other (spewfy): 7. If you object to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney 8. Ifyou are a creditor or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in section 58(b) of the Cahfornia Probate Code, or (2) 60 days from the date of maihng or personal dehvery to you of a notice under section 9052 of the California Probate Code. Other California statutes and legal authority may affect your rights as a creditor. You may want to consult with an attorney knowledgeable in California law. 9 You may examine the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as 10 ~ provided in Probate Code section 1250. A Request for Specrai Notice form is available from the court clerk. Petitioner ~x Attorney for petitioner (name): Henry T. Rau 1880 Willamette Falls Drive, Suite 250 ) West Linn, Oregon g7068 (Telephone): 503-222-3434 NOTE: If this nobce is pubhshed, pnnt the caption, beginning with the words NotlcE OF pEtlt ION to ADMINlsTER ESTATE, and do not pnnt the infonnabon from the form above the caption. The capbon and the decedent's name must be pnnted in at least 0-point type and the text in at least 7-point type pnnt the case number as part of the capbon, pnnt items preceded by a box only if the box is checked. Oo not pnnt the italiazed instrucbons in parentheses, the paragraph numbers, the mailing informabon, or the matenal on page 2 Page 1 of 2 Form Aooptsc ror Mandatory use NOTICE OF PETITION TO ADMINISTER ESTATE probate coca. Eg 9100, 9100 Jud c sl Counol of California www coons ca gov OE-121 IRsv January 1,201st (Probate — Decedents'states) DE-121 ESTATE OF (Neme) CASE NUMBER Lise Ann Smith 23PR00264 DECEDENT PROOF OF SERVICE BY MAIL 1. am over the age of 18 and not a party to this cause. am a resident of or employed I I in the county where the mailing occurred. 2. My residence or business address is (specify): Rau Law Firm 1880 Willamette Falls Drive, Suite 250 West Linn, Oregon 97068 3 Iserved the foregoing Notice of Petition fo Administer Estate on each person named below by enclosing a copy in an envelope addressed as shown below AND a. ~x depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4, b. ~ with the postage fully prepaid. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. am readily familiar with this business's practice for collecting and processing correspondence for I mailing On the same day that correspondence is placed for collection and maikng, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 4 a Date mailed: June 8, 2023 b Place mailed (city, state): West Linn, Oregon 5. ~x I served, with the Notice of Pet(tron to Administer Estate, a copy of the petition or other document referred to in the notice I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: June 8, 2023 Henry T. Rau (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIG TORE dF PERSON COMPLETING THITI(. NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED Name of oerson served Address (number. street. wtv. state and zio code 1 1. if(my Westbrook 597 Oro Garden Ranch Road roville, CA 95966 2. IJusty Smith 10395 Pebble Beach Way Kelseyville, CA 95451 3. I-leather Smith )214 Table Mountain Boulevard ¹3 Prov(lie, CA 95965 ~ Continued on an attachment. (You may use form DE121(MA) to show additional persons served) Assistive bstening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons With Disabibties and Order (form MC-410). (Civil Code section 54.8.) OE-121 [Rev Jeooery I, 2013] NOTICE OF PETITION TO ADMINISTER ESTATE Page 2 of 2 (Probate — Decedents'states) ATTORNEY OR PARTY WITHOUT AITORNEYJ DE-111 STATE BAR NOJ 274551 FORCOURTUSEONLY NAME. Henry T. Rau Sulanas Coultcf CalftERM Rau Law Firm FIRM NAME. F P STREETADDRESS: 1880 Willamette Falls Drive, Suite 250 Ccunty oi Butte on't West Linn STATE: OR ZIP CODE: 97068 TELEPHDNENCJ 503-222-3434 FAXNGJ 971-319-0013 5/23/2023 EMAIL ADDREss htrtiraulawflrm.corn ATToRNEY FQR 0)wmtl A my Westb rook E E SUpERIOR COURT OF CALIFORNIA, COUNTY OF Butte srREMADDREss. MniuNG AooREss. 1775 Concord Avenue 1775 Concord Avenue FA&AA4- Etdcsoncsdv FtLEO clTY AND zIP coDE Chico, CA 95928 BRANctl NAME Butte County Superior Court - Probate Department ESTATE OF (name); Lisa Ann Smith PETITION FOR Q Probate of ro a e o ~ ~ with Will Annexed Lost Will and for Letters Testamentary Lost Will and for Letters of Administration DECEDENT CASE NUMBEIE Letters of Administration Letters of Special Administration ~with general powers HEARING DATE AND TIME: ~ DEPT. Authorization to Administer Under the Independent Administration of Estates Act with limited authority dune 27, 2023, 9:00am 1 1. a. b ~x ~ Publication will be in (specify name of newspaper): Chico Enterprise-Record Publication requested. Publication to be arranged. 2. Petitioner (name each): Amy Westbrook a. ~ requests that decedent's will and codicils, if any, be admitted to probate. b. ~ (name): Amy Westbrook ~ (") (2) executor administrator with will annexed be appointed ~ (3) (4) ~x administrator special administrator ~ with general powers ~~ and Letters issue upon qualification. c. ~x full limited authority be granted to administer under the Independent Administration of Estates Act. d. (1) bond not be required for the reasons stated in item 3e. (2) ~x $ Minimal bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise provided by law. (Specify reasons in Affachmenf 2 if the amount is different from the maximum required by Prob. Code, g 8482.) (3) H $ in deposits in a blocked account be allowed. Receipts will be filed. (Specify institution and location): 3. a. Decedent died on (date)l 6/11/2022 at (place)l Oroville Hospital, 2767 Olive Highway, Oroville, CA 95966 (2) ~ (1) ~x a resident of the county named above. a nonresident of California and left an estate in the county named above located at (specify location permitting pub/ication in the newspaper named in item 1): b. c. ~ Decedent was a citizen of a country other than the United States (specify country): Street address, city, and county of decedent's residence at time of death (specify): 3033 El Noble Avenue, Oroville, CA 95966 P Iot4 Fomt Adopted tot Mandatory Uae Jude el Coo o I oi Cat fomm PETITION FOR PROEATE Probate code. 6 0002, 10400; www otwda de.Sou DE-111 Flee. July I, 201yl (Probate — Decedents Estates) DE-111 ESTATE OF (name): I isa Ann Smith case MuussR DECEDENT 3. d Character and estimated value of the property of the estate (complete in all cases): (1) Personal property: $ Property Damage Claim (2) Annual gross income from (a) real property: $ 0 (b) personal property: $0 (3) Subtotal (add (1) and (2))t $ Property Damage Claim (4) Gross fair market value of real property: $ 0 (5) (Less) Encumbrances: ($ 0 ) (6) Net value of real property: $ 0 (1) (2) ~ (7) Total (add (3) and (6)): ~ Will waives bond. ~ $ Property Damage Claim Special administrator is the named executor, and the wilt waives bond. All beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment (3) (4) ~ ~ 3e(2).) Allheirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).) Sole personal representative is a corporate fiduciary or an exempt government agency. (1) (2) ~ ~x Decedent died intestate. Copy of decedent'swill dated: ~ codicil dated (specify for each): are affixed as Attachment 3f(2). (Include typed copies of handwritten documents and Eng/ish translations of foreign- (3) ~ ~ language documents.) The will and all codicils are self-proving (Prob. Code, $ 8220). The original of the will and/or codicil identified above has been lost. (Affix a copy of the lost will or codicil or a written statement of the testamentary words or their substance in Attachment 3f(3), and slate reasons in that attachment why the presumption in Prob. Code, 5 6124 does not app/y.) Appointment of personal representative (check (a) ~ (1) Appointment of executor or administrator with ~ Proposed executor is named as ex (b) (c) ~ No executor is named in the will. Proposed personal representative (d) ~~ (Affix nomination as Attachment 3g Other named executors will not act other reasons (specify): ~ (2) Appointment of administrator: Continued in Attachme (b)~ (a) ~x Petitioner is a person entitled to Le Petitioner is a nominee of a person (c) ~x Petitioner is related to the deceden (3) (4) ~ ~ Appointment of special administrator re Proposed personal representative wou Proposed personal representative is a (2) ~ (1) ~x resident of California. nonresident of California (specify perm (3) (4) ~x os.111 IRs . July ~ resident of the United States. nonresident of the United States. 1, 20171 PET (Proba DE-111 ESTATE OF (name): Lisa Ann Smith DECEDENT 4. ~x Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act. 5. a. Decedent (1) (2) ~ was survived by ~x spouse. (check items (I) or (2), and (3) or(4), and (5) or(6), and (7) or(8)) nospouseasfollows: (3) ~ ~ (a) (b) ~x divorced or never married, spouse deceased. registered domestic partner. (4) ~x no registered domestic partner. (See Fam. Code, 6 297.5(c); Prob. Code, H 37(b), 6401(c), and 6402.) (5) ~x child as follows: ~ (a) (b) C3 ~x natural or adopted. natural adopted by a third party. (6) (7) ~ ~x no child, issue of a predeceased child. (8) b. Decedent ~ was no issue of a predeceased child. ~x was not survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, g 6454.) 6. (Complete if decedent was survived by (I) a spouse or registered domestic partner buf no issue (only a or b app/y), or (2) no spouse, registered domestic partner, or issue. (Check Ihe ffrst box Ihat applies): a. ~ ~ Decedent was survived by a parent or parents who are listed in item 8. b. c. ~ Decedent was survived by issue of deceased parents, all of whom are listed in item 8. ~ Decedent was survived by a grandparent or grandparents who are listed in item 8. d. e. ~ Decedent was survived by issue of grandparents, all of whom are listed in item 8. ~ Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. f. g. ~ Decedent was survived by next of kin, all of whom are listed in item 8. Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of h. ~ whom are listed in item 8. Decedent was survived by no known next of kin. 7. (Complete on/y if no spouse or issue survived decedent.) a. b. ~ ~~ Decedent had no predeceased spouse. Decedent had a predeceased spouse who (1) (2) ~ died not more than 15 years before decedent and who owned an interest in real property that passed to decedent, died not more than five years before decedent and who owned personal property valued at $ 10,000 or more that (a) ~ ~ passed to decedent, (If you checked (1) or (2), check only the first box that applies)i Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. (b) (c) ~ ~ Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8. Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8. (d) (e) ~~ (3) Decedent was survived by next of kin of the decedent, all of whom are listed in item 8. Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8. neither(1) nor(2) apply. 8. Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether living or deceased; (2) all persons named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the trustee and personal representative are the same person. OE-1 11 iaeu. July 1. 20111 PETITION FOR PROBATE Rese 4 414 (Probate — Decedents Estates) DE-111 ESTATE OF /name/: Lisa Ann Smith DECEDENT 8. Name and relationshio to dermdent Age Address Amy Westbrook, child Adult 2597 Oro Garden Ranch Rd. Oroville, CA 95966 Dusty Smith, child Adult 10395 Pebble Beach Way Kelseyville, CA 95451 Heather Smith, child Adult 214 Table Mountain Blvd ¹3 Oroville, CA 95965 9. ~ Continued on Attachment 8. Number of pages attached: Date: 4/14/2023 Henry T, Rau (TYPE OR PRINT NAME OF ATTORNEY * ) (SIGNATUREIOF ATTORNEY ) 'sanatu es of as pewonem are also requinnl All peudoners must alon, bul the petit on may be venfied by any one of them (prob. code, B 1020, 1021: cal R les of c «I, rute 7.103) ) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Amy Westbrook (TYPE OR PRINT NAME OF PETITIONER) (SIGNATVRE OF PETRIONER) (TYPE OR PRINT NAME OF PETITIONER) iSIGNATURE OF PETITIONER) Signatures of additional petitioners follow last attachment. OE-111 (Rev. July l. 2017l PETITION FOR PROBATE Papa S ore (Probate — Decedents Estates For your protection snd privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form ] [ ) I I [