Preview
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DE-111
ATTORNEY OR PARTY WITHOUT ATTORNEY: 103537
STATE BAR NO.:
FOR COURT USE ONLY
NAME: Michael E. Pitts
Law Offices of Michael E. Pitts
FIRM NAME:
600 Allerton Street, Suite 200
STREET ADDRESS:
CITY:Redwood City STATE: CA 94063
ZIP CODE:
(650) 620-9435
TELEPHONE No.:
mpitts@mepittslaw.com
E-MAIL ADDRESS:
Aaron L. Clark
ATTORNEY FOR (name):
FAX NO:(650) 593-2833
F E E
5AM MATEO COUNTY
E fi
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo .
‘
STREETADDRESS:400 County Center APR ‘3'fi ,
313
MAILING ADDRESS:
Redwood City, CA 94063
CITY AND zIP CODE:
BRANCH NAME:Southern Branch
ESTATE OF (name): CECIL DAVIS -
DECEDENT
PETITION FOR Probate of
Probate of
|:]
I:l
Lost
Lost
Will and for Letters Testamentary
Will and for Letters ofAdministration mfg? ..
R Q Q Q Q9 g 5
with Will Annexed ~
x Letters of Administration
x
Letters of Special Administration E] with general powers
Authorization to Administer Under the Independent ga”
HEARING DATEA MIME»:
93
a
AM)
DEPT,:
Administration of Estates Act El _
With IImIted authorlty
1W"
Iru
....
Q 9mg}
b .W
21%
1. Publication will be in (specify name ofnewspaper): Examiner - Redwood City Tribune
a.
b-
|:| Publication requested.
Publication to be arranged.
2. Petitioner (name each):
Aaron L. Clark
requests that
a.
b.
|:| decedent's will and codicils, if any, be admitted to probate.
(name): Aaron L. Clark be appointed
(1) [:1 executor
(2) |:| administrator with will annexed
(3) I1] administrator
(4) El special administrator |:]
and Letters issue upon qualification.
with general powers
c.
d. (1)
full
[:1
|:| limited authority be granted to administer under the Independent Administration of Estates Act.
bond not be required for the reasons stated in item 3e.
(2) |:]
x
$1,250,000.00
provided by law.
bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise
(Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob.
Code, § 8482.)
(3) |:] $ in deposits in a blocked account be allowed.
(Specify institution and location):
Receipts will be filed.
3. a. Decedent died on (date): 12/9/2017 Redwood City, San Mateo County, California
at (place):
(1) [Z] a resident Of the county named above.
(2) E a nonresident Of California and left an estate in the county named above located at (specify location permitting
publication in the newspaper named in item 1):
b. [:I Decedent was a citizen of a country other than the United States (specify countml'
_ 00296
18—? R0
I,
O. Street address, city, and county of decedent's residence at time of death (specify):
PETII. 0‘
1139 Madera Street, Menlo Park, CA 94025 “mm“ for Letters
Judicial Council of California www.courts.ca.gov
05-111 [Rev. July 1. 20171 (Probate—Decedents Estates)
DE-111
‘
CASE‘NUMBER‘
ESTATE OF .(name): . . CECIL DAVIS
.
DECEDENT
3. d. Character and estimated value of the property of the estate (complete in all cases):
(1) Personal property: $50,000.00
(2) Annual gross income from
(a) real property: $ 0.00
I
(b) personal property: $ 0.00
(3) Subtotal (add (1) and (2)): ~
$ 50,000.00
(4) Gross fair market value of real property: $ 1,200,000.00
‘
(5) (Less) Encumbrances: ($ 0.00 )
(6) Net value of real property: 35 1,200,000.00 '
(7) Total (add (3) and (6)): $ 1,250,000.00
e. (1)
(2)
|:|
|:]
Will waives bond. |:| Special administrator is the named executor, and the will waives bond.
All. beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment
3e(2).)
(3) |:] All heir‘s at law are adults and have waived bond. (Affix waiver as Attachment 39(3).)
(4) E Sole personal representative is a corporate fiduciary or an exempt government agency.
f. (1)
(2)
E
|:]
Decedent died intestate.
Copy of decedent's will dated: Cl codicil dated (specify for each):
are affixed as Attachment.3f(2).(Include typed copies of handwritten documents and English, translations of foreign-
language documents.)
CI The will and all codicils are self-proving (Prob. Code, § 8220).
(3) [:1 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 state reasons in that attachment
why the presumption in Prob. Code, § 6124 does not apply)
9. Appointment of personal representative (check all applicable boxes):
(1) Appointment of executor or administrator with will annexed:
(a) 1:] Proposed executor‘is named as executor in the will and consents to act.
(b) 1:] No executor is named in the will.
(c) 1:] Proposed personal representative is a nominee of a person entitled to Letters.
(Affix nomination as Attachment 3g(1)(c).)
(d) |:] Other named executors will not act because of [:1 death [:1 declination
[:1 other reasons (specify):
(2)
El Continued in Attachment 3g(1)(d).
Appointment of administrator:
(a) El Petitioner is a person entitled to Letters. (If necessary,
explain priority in Attachment 3g(2)(a).)
(b) |:] Petitioner is a nominee of a person entitled to Letters.
(Affix nomination as Attachment 39(2)(b).)
(c) [X] Petitioner is related to the decedent as
(specify):grandchild of predeceased spouse (step-grandchild)
(3) [21 Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 3g(3).)
(4) |:] Proposed personal representative would be a successor personal, representative.
h. Proposed personal representative is a
) E] resident of California.
(2) Cl nonresidentof California (specifypermanentaddress):
(3)
(4)
E
|:|
resident of the United States.
nonresident of the United States.
DE-111.[Rev. July 1, 2017] Page20f4
PETITION FOR PROBATE
(Probate—Decedents Estates)
DE-111
CASE NUMBER:
ESTATE OF (name): CECIL DAVIS
.
DECEDENT
4. [:l Decedent's will does not preclude administration of this estate under the independent Administration of Estates Act.
5. a. Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6),
and (7) or (8))
(1) |:| spouse.
(2) E] no spouse as follows:
(a) 1:] divorced or never married.
(3)
(b)
(:1
E spouse deceased.
registered domestic partner.
[Z] no registered domestic partner. (See Fam. Code, § 297.5(0); Prob. and 6402.)
(4)
(5) I:1:]
(a)
child as follows:
natural or adopted.
Code, §§ 37(b), 6401 (c),
(b) 1:] natural adopted by a third party.
(6) El no child.
(7) |:| issue of a predeceased child.
(8) no issue of a predeceased child.
b. Decedent [1] was [:I was not
decedent but for a legal barrier.
(See Prob.
survived by a stepchild or foster child or children who would have been adopted by
Code, § 6454.)
6. (Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply),
or (2) no
spouse, registered domestic partner,or issue.(Check the first box that applies):
a. |:] Decedent was survived by a parent or parents who are listed in item 8.
.
:1 Decedent was survived by issue of deceased parents, all of whom are listed in item 8.
.
[:1 Decedent was survived by a grandparent or grandparents who are listed in item 8.
.
|:] Decedent was survived by
(07"(DQOD'
. Decedent was survived by
issue of grandparents, all of whom are listed in item 8.
issue of a predeceased spouse, all of whom are listed in item 8.
[:1 Decedent was survived by next of kin, all of whom are listed in item 8.
.
|:] Decedent was survived by
Whom are listed in item 8.
parents of a predeceased spouse or issue of those parents, if both are predeceased, all of
h. |:] Decedent was survived by no known next of kin.
7. (Complete only if no spouse or issue survived decedent.)
a. E] Decedent had no predeceased spouse.
b. [2] Decedent had a predeceased spouse who
(1) E died not more than 15 years before decedent and who owned an interest in real property that passed to decedent,
(2) |:| died not more than five years before decedent and who owned personal property valued at $10,000 or more that
passed to decedent, (If you checked ( 1) or (2), check only the first box that applies):
(a)
(b)
|:]
|_—_]
Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8.
(c) |:| Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8.
(d) :1 Decedent was survived by next of kin of the decedent, all of whom are listed in item 8.
(e) |:] Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8.
(3) |:] 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.
[Rev.Juiy1.2017]
DE—111
PETITION FOR PROBATE of4
Page 3
(Probate—Decedents Estates)
DE-111
CASE NUMBER
ESTATE OF (name): CECIL DAVIS
DECEDENT
8. Name and relationship to decedent mg Address
Yvonne Davis (step—daughter) 65 1165 Cypress Street
East Palo Alto, CA 94303
Staci Yvette Clark (step-granddaughter) 44 6126 Sandy Valley Drive
Katy. TX 77449
Aaron Louis Clark (step-grandson) 42 1017 El Camino Real #438
Redwood City, CA 94063
[:1 Continued on Attachment 8.
9. Number of pages attached:
Date: March _, 2018
MichaelE.Pitts
(TYPE OR PRINT NAME OF ATTORNEY)
' fl Kfi/Uflfi/ *
(SIGNATURE OF ATTORNEY
)
; ”7%)
' (Signatures of all petitioners are also required.
All petitioners must sign. but the petition may be verified by any one of them (Prob. Code, §§ 1020, 1021; Cal. Rules of Court, rule 7.103).)
ideclare under penalty of perjury under the laws of the State of California that the foregoing is true
d correct.
Date: March E 2018
Aaron L. Clark
(TYPE OR PRINT NAME OF PETITIONER)
W (SIGNATURE OF PETITIONER)
U
(TYPE 0R PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)
Signatures of additional petitioners follow last attachment.
DE-111 [Rev. July 1. 2017] Page 4 ol' 4
PETITION FOR PROBATE
(Probate—Decedents Estates
ATTACHMENT 2 TO PETITION FOR LETTERS OF ADMINISTRATION
Petitioner (also a listed beneficiary to decedent’s estate) is currently in the process
of obtaining waivers of bond from the other listed beneficiaries, i.e. his sister (Staci
Yvette Clark) and his aunt (Y/vonne Davis). (See No. 8 to Petition.) Petitioner expects to
I
receive and file the waivers prior to or at the hearing.
On information and belief, Petitioner declares that the decedent’s estate has
relatively few assets and three (3) known beneficiaries; that the decedent had few or no
1
known creditors at the time of the decedent’s death; and that the administration of the
decedent’s estate would proceed smoothly and expeditiously if all three (3) beneficiaries
10
consent to waive bond. (See In re Shapiro ’s Estate (1947) 79 Cal.App.2d 731, 733 [bond
11
waived in trust proceeding with no creditors to the trust estate].)
1‘2 However, if Petitioner cannot obtain the waivers before the hearing, he requests in
13 good faith that the Court in its discretion to grant Petitioner leave to post bond for the
14
estimated value of the decedent’s estate, as soon as practicable after issuance of letters of
administration. (See Probate Code § 8481(b); In re Latour’s Estate (1903) 140 Cal. 414,
15
426 (disapproved on other grounds by Swift v. Superior Court (1952) 39 Cal.2d 358).)
16
17‘
18
19
2O
21
22
23
24
25
26
27
28
ATTACHMENT 2 TO PETITION FOR LETTERS OF ADMINISTRATION
Preview
" DE-111 ATTORNEY OR PARTY WITHOUT ATTORNEY: 103537 STATE BAR NO.: FOR COURT USE ONLY NAME: Michael E. Pitts Law Offices of Michael E. Pitts FIRM NAME: 600 Allerton Street, Suite 200 STREET ADDRESS: CITY:Redwood City STATE: CA 94063 ZIP CODE: (650) 620-9435 TELEPHONE No.: mpitts@mepittslaw.com E-MAIL ADDRESS: Aaron L. Clark ATTORNEY FOR (name): FAX NO:(650) 593-2833 F E E 5AM MATEO COUNTY E fi SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo . ‘ STREETADDRESS:400 County Center APR ‘3'fi , 313 MAILING ADDRESS: Redwood City, CA 94063 CITY AND zIP CODE: BRANCH NAME:Southern Branch ESTATE OF (name): CECIL DAVIS - DECEDENT PETITION FOR Probate of Probate of |:] I:l Lost Lost Will and for Letters Testamentary Will and for Letters ofAdministration mfg? .. R Q Q Q Q9 g 5 with Will Annexed ~ x Letters of Administration x Letters of Special Administration E] with general powers Authorization to Administer Under the Independent ga” HEARING DATEA MIME»: 93 a AM) DEPT,: Administration of Estates Act El _ With IImIted authorlty 1W" Iru .... Q 9mg} b .W 21% 1. Publication will be in (specify name ofnewspaper): Examiner - Redwood City Tribune a. b- |:| Publication requested. Publication to be arranged. 2. Petitioner (name each): Aaron L. Clark requests that a. b. |:| decedent's will and codicils, if any, be admitted to probate. (name): Aaron L. Clark be appointed (1) [:1 executor (2) |:| administrator with will annexed (3) I1] administrator (4) El special administrator |:] and Letters issue upon qualification. with general powers c. d. (1) full [:1 |:| limited authority be granted to administer under the Independent Administration of Estates Act. bond not be required for the reasons stated in item 3e. (2) |:] x $1,250,000.00 provided by law. bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob. Code, § 8482.) (3) |:] $ in deposits in a blocked account be allowed. (Specify institution and location): Receipts will be filed. 3. a. Decedent died on (date): 12/9/2017 Redwood City, San Mateo County, California at (place): (1) [Z] a resident Of the county named above. (2) E a nonresident Of California and left an estate in the county named above located at (specify location permitting publication in the newspaper named in item 1): b. [:I Decedent was a citizen of a country other than the United States (specify countml' _ 00296 18—? R0 I, O. Street address, city, and county of decedent's residence at time of death (specify): PETII. 0‘ 1139 Madera Street, Menlo Park, CA 94025 “mm“ for Letters Judicial Council of California www.courts.ca.gov 05-111 [Rev. July 1. 20171 (Probate—Decedents Estates) DE-111 ‘ CASE‘NUMBER‘ ESTATE OF .(name): . . CECIL DAVIS . DECEDENT 3. d. Character and estimated value of the property of the estate (complete in all cases): (1) Personal property: $50,000.00 (2) Annual gross income from (a) real property: $ 0.00 I (b) personal property: $ 0.00 (3) Subtotal (add (1) and (2)): ~ $ 50,000.00 (4) Gross fair market value of real property: $ 1,200,000.00 ‘ (5) (Less) Encumbrances: ($ 0.00 ) (6) Net value of real property: 35 1,200,000.00 ' (7) Total (add (3) and (6)): $ 1,250,000.00 e. (1) (2) |:| |:] Will waives bond. |:| Special administrator is the named executor, and the will waives bond. All. beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment 3e(2).) (3) |:] All heir‘s at law are adults and have waived bond. (Affix waiver as Attachment 39(3).) (4) E Sole personal representative is a corporate fiduciary or an exempt government agency. f. (1) (2) E |:] Decedent died intestate. Copy of decedent's will dated: Cl codicil dated (specify for each): are affixed as Attachment.3f(2).(Include typed copies of handwritten documents and English, translations of foreign- language documents.) CI The will and all codicils are self-proving (Prob. Code, § 8220). (3) [:1 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 state reasons in that attachment why the presumption in Prob. Code, § 6124 does not apply) 9. Appointment of personal representative (check all applicable boxes): (1) Appointment of executor or administrator with will annexed: (a) 1:] Proposed executor‘is named as executor in the will and consents to act. (b) 1:] No executor is named in the will. (c) 1:] Proposed personal representative is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(1)(c).) (d) |:] Other named executors will not act because of [:1 death [:1 declination [:1 other reasons (specify): (2) El Continued in Attachment 3g(1)(d). Appointment of administrator: (a) El Petitioner is a person entitled to Letters. (If necessary, explain priority in Attachment 3g(2)(a).) (b) |:] Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 39(2)(b).) (c) [X] Petitioner is related to the decedent as (specify):grandchild of predeceased spouse (step-grandchild) (3) [21 Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 3g(3).) (4) |:] Proposed personal representative would be a successor personal, representative. h. Proposed personal representative is a ) E] resident of California. (2) Cl nonresidentof California (specifypermanentaddress): (3) (4) E |:| resident of the United States. nonresident of the United States. DE-111.[Rev. July 1, 2017] Page20f4 PETITION FOR PROBATE (Probate—Decedents Estates) DE-111 CASE NUMBER: ESTATE OF (name): CECIL DAVIS . DECEDENT 4. [:l Decedent's will does not preclude administration of this estate under the independent Administration of Estates Act. 5. a. Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8)) (1) |:| spouse. (2) E] no spouse as follows: (a) 1:] divorced or never married. (3) (b) (:1 E spouse deceased. registered domestic partner. [Z] no registered domestic partner. (See Fam. Code, § 297.5(0); Prob. and 6402.) (4) (5) I:1:] (a) child as follows: natural or adopted. Code, §§ 37(b), 6401 (c), (b) 1:] natural adopted by a third party. (6) El no child. (7) |:| issue of a predeceased child. (8) no issue of a predeceased child. b. Decedent [1] was [:I was not decedent but for a legal barrier. (See Prob. survived by a stepchild or foster child or children who would have been adopted by Code, § 6454.) 6. (Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no spouse, registered domestic partner,or issue.(Check the first box that applies): a. |:] Decedent was survived by a parent or parents who are listed in item 8. . :1 Decedent was survived by issue of deceased parents, all of whom are listed in item 8. . [:1 Decedent was survived by a grandparent or grandparents who are listed in item 8. . |:] Decedent was survived by (07"(DQOD' . Decedent was survived by issue of grandparents, all of whom are listed in item 8. issue of a predeceased spouse, all of whom are listed in item 8. [:1 Decedent was survived by next of kin, all of whom are listed in item 8. . |:] Decedent was survived by Whom are listed in item 8. parents of a predeceased spouse or issue of those parents, if both are predeceased, all of h. |:] Decedent was survived by no known next of kin. 7. (Complete only if no spouse or issue survived decedent.) a. E] Decedent had no predeceased spouse. b. [2] Decedent had a predeceased spouse who (1) E died not more than 15 years before decedent and who owned an interest in real property that passed to decedent, (2) |:| died not more than five years before decedent and who owned personal property valued at $10,000 or more that passed to decedent, (If you checked ( 1) or (2), check only the first box that applies): (a) (b) |:] |_—_] Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8. (c) |:| Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8. (d) :1 Decedent was survived by next of kin of the decedent, all of whom are listed in item 8. (e) |:] Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8. (3) |:] 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. [Rev.Juiy1.2017] DE—111 PETITION FOR PROBATE of4 Page 3 (Probate—Decedents Estates) DE-111 CASE NUMBER ESTATE OF (name): CECIL DAVIS DECEDENT 8. Name and relationship to decedent mg Address Yvonne Davis (step—daughter) 65 1165 Cypress Street East Palo Alto, CA 94303 Staci Yvette Clark (step-granddaughter) 44 6126 Sandy Valley Drive Katy. TX 77449 Aaron Louis Clark (step-grandson) 42 1017 El Camino Real #438 Redwood City, CA 94063 [:1 Continued on Attachment 8. 9. Number of pages attached: Date: March _, 2018 MichaelE.Pitts (TYPE OR PRINT NAME OF ATTORNEY) ' fl Kfi/Uflfi/ * (SIGNATURE OF ATTORNEY ) ; ”7%) ' (Signatures of all petitioners are also required. All petitioners must sign. but the petition may be verified by any one of them (Prob. Code, §§ 1020, 1021; Cal. Rules of Court, rule 7.103).) ideclare under penalty of perjury under the laws of the State of California that the foregoing is true d correct. Date: March E 2018 Aaron L. Clark (TYPE OR PRINT NAME OF PETITIONER) W (SIGNATURE OF PETITIONER) U (TYPE 0R PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER) Signatures of additional petitioners follow last attachment. DE-111 [Rev. July 1. 2017] Page 4 ol' 4 PETITION FOR PROBATE (Probate—Decedents Estates ATTACHMENT 2 TO PETITION FOR LETTERS OF ADMINISTRATION Petitioner (also a listed beneficiary to decedent’s estate) is currently in the process of obtaining waivers of bond from the other listed beneficiaries, i.e. his sister (Staci Yvette Clark) and his aunt (Y/vonne Davis). (See No. 8 to Petition.) Petitioner expects to I receive and file the waivers prior to or at the hearing. On information and belief, Petitioner declares that the decedent’s estate has relatively few assets and three (3) known beneficiaries; that the decedent had few or no 1 known creditors at the time of the decedent’s death; and that the administration of the decedent’s estate would proceed smoothly and expeditiously if all three (3) beneficiaries 10 consent to waive bond. (See In re Shapiro ’s Estate (1947) 79 Cal.App.2d 731, 733 [bond 11 waived in trust proceeding with no creditors to the trust estate].) 1‘2 However, if Petitioner cannot obtain the waivers before the hearing, he requests in 13 good faith that the Court in its discretion to grant Petitioner leave to post bond for the 14 estimated value of the decedent’s estate, as soon as practicable after issuance of letters of administration. (See Probate Code § 8481(b); In re Latour’s Estate (1903) 140 Cal. 414, 15 426 (disapproved on other grounds by Swift v. Superior Court (1952) 39 Cal.2d 358).) 16 17‘ 18 19 2O 21 22 23 24 25 26 27 28 ATTACHMENT 2 TO PETITION FOR LETTERS OF ADMINISTRATION