Preview
DE-310
ATTORNEY 0R PARTY WITHOUT ATTORNEY.- STATE BAR NO.:2771 16 FOR COURT USE ONL Y
NAMEVICTORIA P. MARTIN
FIRM NAME: ARCHANGEL ESTATE PLANNING & TRUST SERVICES RIORchulfiTEFQAuFORN‘A
STREET ADDRESS: 16191 KAMANA ROAD, STE. #202 8%PwNE
TY 0F SAN BERNARDINQ
CA SAN BERNARomo msmcr
CITY: APPLE VALLEY STATE: ZIP CODE; 923 07
TELEPHONE N0: (760) 946-2233 FAX N0.: (760) 946-2277
EMAIL ADDRESS: vmartin@archangeltrust.com MAR 2 3 2022
ATTORNEY FOR (name): SUSAN V. CRUZ
‘
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SAN BERNARDINO '
STREET ADDRESS:247 West Third Street BY ' '
MAILING ADDRESS:247 West Third Street
'Bmgdsv spams. DEPUW
CITY AND ZIP CODE: San Bernardino, 924 1 5-02 1 2
BRANCH NAME: San Bernardino District - Probate Division
CASE rgUMBER:
MATTER OF (name):
fizz"
MARGARET IERSCHEID DECEDENT
EX PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY HEARING DATE AND TIME: ,y...
PARTE E and Personal Property (Estates of $166,250 or Less) MAR; 02022 ”1 OO gm U
1. Petitioner (name of each person claiming an interest):SUSAN V. CRUZ
requests a determination thatthe real property and personal property [j described in item 11 is property passing to
petitioner and that no administration of decedent's estate is necessary.
2. Decadent (name): MARGARET JERSCHEID
a. Date of death: 06/27/2019
b. Place of death (city and state or, if outside the United States, city and country):APpLE VALLEY, CALIFORNIA
3. At least 4O days have elapsed since the date of decedent's death.
a. E] Decedent was a resident of this county at the time of death.
b. E
Decedentdied
Decedent was not a resident
m intestate Eof California at the time of death.
testate and a copy of the will
Decedent died owning property
and any codicil is
in this
affixed as Attachment 5 or 12a.
county.
5.
6. a.
b.
m
E No proceeding for the administration of decedent's estate
Decedent's personal representative's consent to use the procedure provided by Probate
is being conducted or has been conducted
Code
in California.
section 131 50 et seq. is
7.
E
Proceedings
b.
attached as Attachment 6b.
for the administration of
Have been commenced
decedent's estate
E and completed.
in another jurisdiction:
(Specify state, county, court,
m Have not been commenced.
and case number):
8. The gross value of decedent's interest in real and personal property located in California as shown by the Inventory and Appraisal
attached to this petition—excluding the property described in Probate Code section 13050 (property held in joint tenancy or as a
life estate or other interest terminable upon decedent's death, property passing to
decedent's spouse, property in a trust revocable
by decedent, etc.)—did not exceed $166,250 as of the date of decedent‘s death. (Prepare and attach an Inventory and Appraisal
as Attachment 8 (use Judicial Council forms DE—160 and DE-161 for th/‘s purpose). A probate referee appointed for the county
named above must appraise a/I real property and all personal property other than cash orits equivalent. See Prob. Code, §§ 8901,
8902.) V
and or and or and or
9. a. Decedent
(1) E
m
is survived by (checkitems
spouse
no spouse asfollows:
(1)
E
or (2), (3) (4),
I
I
divorced ornevermarried
(5) (6), (7)
m
(8))
spouse deceased
(2)
(3) E
m registered domestic partner
(a)
no registered domestic partner (See Fam. Code, § 297.5(0); Prob. Code, §§ 37(1)), 6401(0), and 6402.)
(b)
(4)
(5) m
E child asfollows:
no
(a) m
natural or adopted (85 natural adopted by a third party 'E
(6)
(7) E
m
child
issue ofa predeceased child
noissue ofapredeceased child
b.
(8)
Decedent is
decedent butfor a
E m is notsurvived by a stepchild or foster child or children
legal barrier. (See Prob. Code, § 6454.)
who would have been adopted by
Page1 of 2
Form Adopted for Mandatory Use EX PARTE Probate Coda, § 131 52
www.caurts.ca.gov
Judicial Council of California
DE—310 [Rev. January 1, 2020] PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY WestiawDow Fonn Buldet‘
(Estates of $1 66,250 or Less)
6
DE-31 0
CASE NUMBER:
MATTER OF (name): MARGARET JERSCHEID
DECEDENT
10D Decedent is survived by (complete if decedent was survived by (1) a spouse or registered doméétla figrffief eécri e in
in Prob. Code,
Prob. Code, § 37 but no issue (only a or b apply); or (2) no spouse or registered domestic partner described
§ 37, orissue. Check the first box that applies):
E
E
a. A parent or parents who are listed in item 14.
A brother, sister, or issue of a deceased brother or sister, of whom are listed in item 14.
S
b. all
under Probate Code section 6400 et seq, of whom are listed in item 14.
E Other heirs
c. all
d4 No known next of kin.
(1) the legal description of decedent's real property
and its Assessor‘s Parcel Number (APN) and
11.
EAttachment 11 contains
a description of personal property in California passing to petitioner; (2) decedent's interest in the property; and, (3) if a
based on succession under Probate Code sections 6401 and 6402, facts that showthe
petitioner‘s claim to the property is
character of the property as community, separate, or quasi-community property.
Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent‘s interest in
12.
the real property
D E
and personal property described in item 11 because each petitioner is:
(will) A beneficiary who succeeded to the property under
decedent's will.‘
a.
b. m (no will) A person who succeeded
specific property interest claimed by
to the property under Probate Code sections 6401
each petitioner in the real property D and personal property
and 6402.
13. The
is stated in Attachment 13 D is as follows (specify):
14. The names, and residence or mailing addresses so far as known to or reasonably ascertainable
relationships to decedent, ages,
by petitioner of (1)persons named or checked in items 1, 9, and 10; (2) all other heirs of decedent; and (3) all devisees of
all
decedent (persons designated in the will to receive any property) are listed in Attachment 14.
15. The names and addresses
E are listed below E of all persons
are listed
named
in
as executors
Attachment 15 E
in decedent‘s
No
will
executor is named. m There is no will.
16. E Petitioner
in
is the trustee of a trust that
the trust, as determined in
is a devisee under decedent‘s will. The names and addresses of all persons interested
cases of future interests under paragraphs (1), (2), or (3) of subdivision (a) of Probate Code
section 15804, are listed Attachment 16.
E EE
in
17. [j Decedent's estate was under a
addresses of all persons serving as
guardianship
guardian or conservator
conservatorship
are listed
at decedent's death. The names and
below are listed in Attachment 17. E
18.
Date:
VICTORIA
"
I
Number
(Signa‘ure of
declare under
of
sizzlznz/
P.
all
pages attached:
MARTIN
(TYPE OR PRINT
'5-
NAME OF ATTORNEY)
petitioners also required (Prob. Code, § 1020).)
enalty of perjury under the laws ofthe State of California that the foregoin
’ {a ‘49-
is
W
(SIGNATURE OF ATFORNEY)’
true and correc
y’x
Date:
E91 2
Z 2! 2
SUSAN v. CRUZ } Wg'
(TYPE 0R PRINT NAME 0F PErmONER) /V " 's ATURE OFWIONER) 2
/
2
HYPE 0R PRINT NAME 0F PErmONER) (SIGNATURE 0F PermouER)
1
See Probate Code section 13152(c) for the requirement that a copy of the will be attached
E
in
SIGNATURES) 0F ADDITIONAL PEHTIONERS ATTACHED
certain instances. If required. include as Attachment 5 or 12a.
2 Each person named in item 1 must sign.
Page 2 of 2
DE-310 [Rev. January 1, 2020]
PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY
(Estates of $1 66,250 or Less)
7
Preview
DE-310 ATTORNEY 0R PARTY WITHOUT ATTORNEY.- STATE BAR NO.:2771 16 FOR COURT USE ONL Y NAMEVICTORIA P. MARTIN FIRM NAME: ARCHANGEL ESTATE PLANNING & TRUST SERVICES RIORchulfiTEFQAuFORN‘A STREET ADDRESS: 16191 KAMANA ROAD, STE. #202 8%PwNE TY 0F SAN BERNARDINQ CA SAN BERNARomo msmcr CITY: APPLE VALLEY STATE: ZIP CODE; 923 07 TELEPHONE N0: (760) 946-2233 FAX N0.: (760) 946-2277 EMAIL ADDRESS: vmartin@archangeltrust.com MAR 2 3 2022 ATTORNEY FOR (name): SUSAN V. CRUZ ‘ SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SAN BERNARDINO ' STREET ADDRESS:247 West Third Street BY ' ' MAILING ADDRESS:247 West Third Street 'Bmgdsv spams. DEPUW CITY AND ZIP CODE: San Bernardino, 924 1 5-02 1 2 BRANCH NAME: San Bernardino District - Probate Division CASE rgUMBER: MATTER OF (name): fizz" MARGARET IERSCHEID DECEDENT EX PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY HEARING DATE AND TIME: ,y... PARTE E and Personal Property (Estates of $166,250 or Less) MAR; 02022 ”1 OO gm U 1. Petitioner (name of each person claiming an interest):SUSAN V. CRUZ requests a determination thatthe real property and personal property [j described in item 11 is property passing to petitioner and that no administration of decedent's estate is necessary. 2. Decadent (name): MARGARET JERSCHEID a. Date of death: 06/27/2019 b. Place of death (city and state or, if outside the United States, city and country):APpLE VALLEY, CALIFORNIA 3. At least 4O days have elapsed since the date of decedent's death. a. E] Decedent was a resident of this county at the time of death. b. E Decedentdied Decedent was not a resident m intestate Eof California at the time of death. testate and a copy of the will Decedent died owning property and any codicil is in this affixed as Attachment 5 or 12a. county. 5. 6. a. b. m E No proceeding for the administration of decedent's estate Decedent's personal representative's consent to use the procedure provided by Probate is being conducted or has been conducted Code in California. section 131 50 et seq. is 7. E Proceedings b. attached as Attachment 6b. for the administration of Have been commenced decedent's estate E and completed. in another jurisdiction: (Specify state, county, court, m Have not been commenced. and case number): 8. The gross value of decedent's interest in real and personal property located in California as shown by the Inventory and Appraisal attached to this petition—excluding the property described in Probate Code section 13050 (property held in joint tenancy or as a life estate or other interest terminable upon decedent's death, property passing to decedent's spouse, property in a trust revocable by decedent, etc.)—did not exceed $166,250 as of the date of decedent‘s death. (Prepare and attach an Inventory and Appraisal as Attachment 8 (use Judicial Council forms DE—160 and DE-161 for th/‘s purpose). A probate referee appointed for the county named above must appraise a/I real property and all personal property other than cash orits equivalent. See Prob. Code, §§ 8901, 8902.) V and or and or and or 9. a. Decedent (1) E m is survived by (checkitems spouse no spouse asfollows: (1) E or (2), (3) (4), I I divorced ornevermarried (5) (6), (7) m (8)) spouse deceased (2) (3) E m registered domestic partner (a) no registered domestic partner (See Fam. Code, § 297.5(0); Prob. Code, §§ 37(1)), 6401(0), and 6402.) (b) (4) (5) m E child asfollows: no (a) m natural or adopted (85 natural adopted by a third party 'E (6) (7) E m child issue ofa predeceased child noissue ofapredeceased child b. (8) Decedent is decedent butfor a E m is notsurvived by a stepchild or foster child or children legal barrier. (See Prob. Code, § 6454.) who would have been adopted by Page1 of 2 Form Adopted for Mandatory Use EX PARTE Probate Coda, § 131 52 www.caurts.ca.gov Judicial Council of California DE—310 [Rev. January 1, 2020] PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY WestiawDow Fonn Buldet‘ (Estates of $1 66,250 or Less) 6 DE-31 0 CASE NUMBER: MATTER OF (name): MARGARET JERSCHEID DECEDENT 10D Decedent is survived by (complete if decedent was survived by (1) a spouse or registered doméétla figrffief eécri e in in Prob. Code, Prob. Code, § 37 but no issue (only a or b apply); or (2) no spouse or registered domestic partner described § 37, orissue. Check the first box that applies): E E a. A parent or parents who are listed in item 14. A brother, sister, or issue of a deceased brother or sister, of whom are listed in item 14. S b. all under Probate Code section 6400 et seq, of whom are listed in item 14. E Other heirs c. all d4 No known next of kin. (1) the legal description of decedent's real property and its Assessor‘s Parcel Number (APN) and 11. EAttachment 11 contains a description of personal property in California passing to petitioner; (2) decedent's interest in the property; and, (3) if a based on succession under Probate Code sections 6401 and 6402, facts that showthe petitioner‘s claim to the property is character of the property as community, separate, or quasi-community property. Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent‘s interest in 12. the real property D E and personal property described in item 11 because each petitioner is: (will) A beneficiary who succeeded to the property under decedent's will.‘ a. b. m (no will) A person who succeeded specific property interest claimed by to the property under Probate Code sections 6401 each petitioner in the real property D and personal property and 6402. 13. The is stated in Attachment 13 D is as follows (specify): 14. The names, and residence or mailing addresses so far as known to or reasonably ascertainable relationships to decedent, ages, by petitioner of (1)persons named or checked in items 1, 9, and 10; (2) all other heirs of decedent; and (3) all devisees of all decedent (persons designated in the will to receive any property) are listed in Attachment 14. 15. The names and addresses E are listed below E of all persons are listed named in as executors Attachment 15 E in decedent‘s No will executor is named. m There is no will. 16. E Petitioner in is the trustee of a trust that the trust, as determined in is a devisee under decedent‘s will. The names and addresses of all persons interested cases of future interests under paragraphs (1), (2), or (3) of subdivision (a) of Probate Code section 15804, are listed Attachment 16. E EE in 17. [j Decedent's estate was under a addresses of all persons serving as guardianship guardian or conservator conservatorship are listed at decedent's death. The names and below are listed in Attachment 17. E 18. Date: VICTORIA " I Number (Signa‘ure of declare under of sizzlznz/ P. all pages attached: MARTIN (TYPE OR PRINT '5- NAME OF ATTORNEY) petitioners also required (Prob. Code, § 1020).) enalty of perjury under the laws ofthe State of California that the foregoin ’ {a ‘49- is W (SIGNATURE OF ATFORNEY)’ true and correc y’x Date: E91 2 Z 2! 2 SUSAN v. CRUZ } Wg' (TYPE 0R PRINT NAME 0F PErmONER) /V " 's ATURE OFWIONER) 2 / 2 HYPE 0R PRINT NAME 0F PErmONER) (SIGNATURE 0F PermouER) 1 See Probate Code section 13152(c) for the requirement that a copy of the will be attached E in SIGNATURES) 0F ADDITIONAL PEHTIONERS ATTACHED certain instances. If required. include as Attachment 5 or 12a. 2 Each person named in item 1 must sign. Page 2 of 2 DE-310 [Rev. January 1, 2020] PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY (Estates of $1 66,250 or Less) 7