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DE-111
ATTORNEY 0R PARTY WITHOUT ATTORNEY: 292990
STATE BAR NO.:
FOR COURT USE ONLY
NAME:Andrea A. Nguyen
Corey, Luzaich, de Ghetaldi,
FIRM NAME: Nastari & Riddle LLP
STREETADDRESS:700 El Camino Real, PO. Box 669
CITY:Millbrae STATE:CA ZIPCODE:94030
(650) 871—5666
TELEPHONE NO.:
aan@coreylaw.com
E-MAILADDRESS:
(650) 871-4144
FAX NO.:
'I
FHAEQ
Konstantine Avdalas
ATTORNEY FOR (name): SAN MATEO COUNTY
3.“s
I
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo "A“
400 County Center
STREET ADDRESS:
3X
DEC II 6 2017
MAILING ADDRESS:
Redwood City, CA 94063
CITY AND ZIP CODE:
Southern Branch/Hall ofJustice
BRANCH NAME:
DEPUTY CLERK
ESTATE OF (name): XANTHI AVDALAS
DECEDENT
CI
PETITION FOR
Qaflyl
‘/
'_
Probate of
Probate of I:
with Will Annexed
Lost
Lost
Will and for Letters Testamentary
Will and for Letters of Administration CAseiuqéEPR
0 01253314
Letters of Administration
Q? x Letters of Special Administration E] with general powers HEARING DATE AND
TIME? DEPT;
Administration of Estates Act I:
Authorization to Administer Under the Independent
With limited authority DEC@ 6 gm Zm
' '—
1. Publication will be in (specify name of newspaper): 1‘77
PRO;701253A
Cl
.
a. Publicationrequested. PETIL2
2.
b.
E Publication to be arranged.
Petitioner (name each):
IEEIIIEI
I
tor Letters of Special Administration
Konstantine Avdalas
requests that
IlllllIlIlll II ll
a. CI decedent's will and codicils, if any, be admitted to probate.
b. (name): Konstantine Avdalas be appointed
)|:] executor
(2)|:| administrator with will annexed
|:]
(3)
)
administrator
special administrator I:
and Letters issue upon qualification.
with general powers
C. |:]
1)
full [:| limited authority be granted to administer under the Independent Administration of Estates Act.
bond not be required for the reasons stated in item Se.
2)I:I$ bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise
provided by law.(Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob.
Code, § 8482.)
$ in deposits in a blocked account be allowed.
Receipts will be filed.
(Specify institution and location):
Decedent died on (date):September 26, 2017 at (place): San Mateo county, California
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):
|:] Decedent was a citizen of a country other than the United States (specify count/y):
Street address, city, and county of decedent's residence at time of death (specify):
157 Acacia Avenue, San Bruno, CA 94066
Page1of 4
Form Adopted for Mandatory Use Probate Code, §§ 8002, 10450;
Judicial Council of California
PETITION FOR PROBATE www.courts.ca.gov
DE-111 [Rev. July 1, 2017] (Probate—Decedents Estates)
DE-111
CASENUMBER
ESTATE OF (name): .
XANTHI AVDALAS
‘
DECEDENT
3. d. Character and estimated value of the property of the estate (complete in all cases):
(1) Personal property: $79,664.43
(2) Annual gross income from
(a) real property: $ 72,000.00
(b) personal property: $
(3) Subtotal (add (1) and (2)): $ 151,664.43
(4) Gross fair market value of real property:$ 2,000,000.00
(5) (Less) Encumbrances: ($ 200,000.00 )
(6) Net value of real property: $ 1,800,000.00
.
Total (add (3) and (6)) 1,951,664.43
e.
(7)
(1)
(2)
|:]
1:]
Will waives bond. I: $
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
(3)-
(4)
n
[:l
3e 2
A||(hgai)rs
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.
f. (1) |:| Decedent died intestate.
(2) El Copy of decedent's will dated: |:| codicil dated (specify foreach):
(Include typed copies of handwritten documents and English translations of foreign-
are affixed as Attachment 3f(2).
language documents.)
[:l The will and all codicils are self—proving (Prob. Code, § 8220).
) 1:] (Affix a copy of the lost will or codicil ora written
The original of the will and/or codicil identified above has been lost.
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:
)
)
E
E]
Proposed executor is named as executor in the will and consents to act.
No executor is named in the will.
) El Proposed personal representative is a nomineeof a person entitled to Letters.
(Affix nomination as Attachment 3g(1)(c).)
d) |:] Other named executors will not act because of |:| death I:] declination
|:] other reasons (specify):
(2)
:1 Continued in Attachment 39(1)(d).
Appointment of administrator:
|:|
a)
b)
c)
I:
I:
Petitioner is a person entitled to Letters. explain priority in Attachment 3g(2)(a).)
(If necessary,
Petitioner is a nominee of a person entitled to Letters.
Petitioner is related to the decedent as
(specify):
(Affix nomination as Attachment 3g(2)(b).)
3) Appointment of special administrator requested.
(Specify grounds and requested powers in Attachment 39(3).)
(4) |:] Proposed personal representative would be a successor personal representative.
h. Proposed personal representative is a
(1) resident of California.
(2) |:] nonresident of California
(specify/permanent address):
(3) resident of the United States.
(4) [:j nonresident of the United States.
DE-111 [Rev July 1, 2017]
PETITION FOR PROBATE of4
Page 2
(Probate—Decedents Estates)
/’
\‘x \y/l
DE-111
CASENUMBER
ESTATE OF (name): XANTHIAVDALAS
'
/ DECEDENT
4. [:I Decedent's will does not preclude administrationyof this estate under the Independent Administration of Estates Act.
5. (7) or (8))
Decedent was survived by (check Items (1) or (2), and (3) or (4), and (5) or (6), and
-I:
a.
)E] spouse.
no spouse as follows:
(2)
(a) divorced or never married.
(b) spouse deceased.
(3) E] registered domestic partner.
(4) no registered domestic partner.
(See Fem. Code, § 297.5(0); Prob. Code, §§ 37(b),6401(0), and 6402.)
(5) child as follows:
(a) natural or adopted.
(b) El natural adoptedby a third party.
(6)
(7)
S
(:1
no child.
issue of a predeceased child.
‘
(8) no issue of a predeceased child.
b. Decedent |:] was 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
or issue.
spouse, registered domestic partner, (Check the first box that applies):
a. |:] Decedent was survived by a parent or parents who are listed in item 8.
b. [:l Decedent was survived by issue of deceased parents, all of whom are listed in item 8.
c. [:1 Decedent was survived by a grandparent or grandparents who are listed in item 8.
d. |:| Decedent was survived by issue ofgrandparents, all of whom are listed in item 8.
e. [:l Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
f. |:] Decedent was survived by nextof kin, ofwhom
all are listed
in item 8.
g. E] Decedent was survived
whom are listed in item
by parents of a predeceased spouse or issue of those parents, if both are predeceased,
8.
all of
h. |:| Decedent was survived by no known next of kin.
7. (Complete only if no spouse or issue survived decedent.)
a. |:] Decedent had no predeceased spouse.
b Decedent had a predeceased spouse who
IE]
)|:| died not more than 15 years before decedent and who owned an interest In real property that passed to decedent
)El 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) Cl Decedent was survived
'
by issue of a predeceased spouse, all of whom are listed in item 8.
(b) :1 Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8.
(c) [:l Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8.
[:l
):|
(d)
(e)
Decedent
Decedent
was
was
survived
survived
by next of kin of the decedent, all of whom are listed in item 8.
by next of kin of the predeceased spouse, all of whom are listed In item 8.
)El 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.
DE-11‘l [Rev. July 1, 2017]
PETITION FOR PROBATE .
of4
Page 3
'
(Probate—Decedents Estates)
DE-111
'
CASENUMBER
ESTATE OF (name): .
XANTHI AVDALAS
«
DECEDENT
8_ Name and relationship to decedent Age Address
George Avdalas —
Son Adult . 157 Acacia Avenue
San Bruno, CA 94066
Konstantine Avdalas - Son Adult 2227 24th Street
San Francisco, CA 94116
|__—_]Continued on Attachment 8.
9. Number of pages attached: 4
Date: l2/5/l7
Andrea A. Nguyen, Esq.
A
} M/
M
OF ATTORNEY)
(TYPE OR PRINT NAME
' (Signatures of all petitioners are also required.
“Q L (SIGNATURE OF ATTORNEY)
ode, §§ 1020, 1021; Cal. Rules of Court, mle 7.103).)
All petitioners must sign, but the petition may be verified by any one of them (PrO
.
Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: ‘2‘ 6 I ‘3’
Konstantine Avdalas
(TYPE 0R PRINT NAME OF PETITIONER) -
’ M I’ ‘(QNATURE 0F PETITIONER)
(TYPE OR PRINT NAME OF PETITIONER) .
4
(SIGNATURE OF PETITIONER)
Signatures of additional petitioners follow last attachment.
Page4of4
DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE
(Probate—Decedents Estates
DE-142/DE-111(A-3e)
ATTORNEY OR PARTY WITHOUT ATTORNEY: 292990
STATE BAR NO:
FOR COURT USE ONLY
NAME: Andrea A. Nguyen
Luzaich,
FIRM NAME: Corey, de Ghetaldi,Nastari & Riddle LLP
'
STREETADDRESS:700 El Camino Real, PO. Box 669
'
CITY:Millbrae . ,
.
STATE: CA 94030
ZIP CODE:
(650) 871-5666
TELEPHONE No.: FAXNO: (650) 871-4144
aan@corey|aw.com
E-MAILADDRESS:
Konstantine Avdalas
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS:400 County Center
MAILING ADDRESS:
Redwood City, CA 94063
CITY AND ZIP CODE:
BRANCH NAME:Southern Branch/Hall of Justice
'
ESTATE OF (Name):
XANTHI AVDALAS ,DECEDENT
CASENUMBER:
WAIVER OF BOND BY HEIR 0R BENEFICIARY
‘
Attachment 3e to Petition for Probate*
NOTICE: READ PARAGRAPHS A—G BEFORE YOU SIGN
A. A bond is a form of insurance to replace assets that may be mismanaged or stolen by the executor or administrator (the estate's
personal representative). The cost of the bond is paid from the assets of the estate.
B. A bond may not be required if the decedent's will admitted to probate waives a bond and the court approves.
C. If the decedent's will does not waive bond, or if the decedent died without a will, the law ordinarily requires the personal
representative to give a bond approved and ordered by the court. However, all persons eligible to receive a share of the estate
may waive the requirement of a bond. If they all waive bond and the court approves. the personal representative will NOT have
to give a bond.
D. If bond is not ordered by the court, and the estate suffers loss because the personal representative fails to properly
perform the duties of the office, the loss or some part of it may not be recoverable from the personal representative.
If so, your share of the estate may be partly or entirely lost.
E. You may waive the requirement of a bond by signing this form and delivering it to the petitioner for appointment of a personal
representative or to the petitioner's attorney. Your waiver cannot be withdrawn after the court appoints the personal
-
representative without requiring a bond. However,if you Sign a waiver of bond, you may later petition the court to require a bond.
F. A guardian ad litem or other legal representative with specific authority under law to waive bond must sign for a minor, an
incapacitated person, an unascertained beneficiary, or a designated class of persons who are not ascertained or not yet in being.
See Judicial Council forms DE-350 and DE-351 and Probate Code section 1003.
G. If you do not understand this form, do not sign it until you have asked a lawyer (who is independent of the lawyer for the
proposed personal representative) to explain it to you.
WAIVER
1. Ihave read and understand paragraphs A through G above. .
2. lunderstand that before signing this form, I am free to consult with a lawyer of my choice concerning the possible
consequences to me of waiving bond.
3. I understand that I do not have to waive bond to allow the estate administration to begin or proceed, or to receive my
share of the estate.
4. IWAIVE the posting of bond in this estate by
Konstantine Avdalas
I
(name of personal representative):
(TYPE 0R PRINT NAME OF BENEFICIARY (AND AUTHORIZED
SIGNER. IF BENEFICIARY IS NOT AN INDIVIDUAL))
*(This form may be filed as an independent form (as form DE-142) OR
.
F ‘
V
I
George Avdalas
' (SW)
W
as Attachment 3e(2) (will) or Attachment 3e(3) (intestacy) to the Petition for Probate (form DE-111) (as form DE-111(A-3e).)
Probate Code, 5 8481
Form Adopted for Mandatory Use
Judicial Council of California
WAIVER OF BOND BY HEIR OR BENEFICIARY www.couriscagov
DE-142/DE-111(A-36) [Rev. July 1. 2017] (Probate—Decedents Estates) Page of
DE-142/DE-111(A-3e)
ATTORNEY OR PARTY VMTI-IOUT ATTORNEY: 292990
STATE BAR NO.:
FOR COURT USE ONLY
NAME:Andrea A. Nguyen
Corey, Luzaich, de Ghetaldi, Nastari & Riddle LLP
FIRM NAME:
STREETADDRESS:700 El Camino Real, PO Box 669
CITY:Millbrae STATE:CA 94030
ZIP CODE:
(650) 871-5666
TELEPHONE N0.: (650) 871-4144
FAX NO.:
‘
aan@coreylaw.com
E—MAILADDRESS:
Konstantine Avdalas
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREETADDRESS:400 County Center
MAILING ADDRESS:
Redwood City, CA 94063
CITY AND ZIP CODE:
Southern Branch/Hall ofJustice
BRANCH NAME:
ESTATE OF (Name):
XANTHI AVDALAS '
,DECEDENT
CASE NUMBER:
WAIVER OF BOND BY HEIR OR BENEFICIARY
Attachment 3e to Petition for Probate“
NOTICE: READ PARAGRAPHS A—G BEFORE YOU SIGN
A. A bond is a form of insurance to replace assets that may be mismanagedor stolen by the executor or administrator (the estate's
personal representative). The cost of the bond is paid from the assets of the estate.
B. A bond may not be required if the decedent's will admitted to probate waives a bond and the court approves.
C. Ifthe decedent's will does not waive bond, or ifthe decedent died without a will, the law ordinarily requires the personal
representative to give a bond approved and ordered by the court.
However, all persons eligible to receive a share of the estate
may waive the requirement ofa bond. If they all waive bond and the court approves, the personal representative will NOT have
to give a bond.
D. If bond is not ordered by the court, and the estate suffers loss because the personal representative fails to properly
perform the duties of the office, the loss or some part of it may not be recoverable from the personal representative.
If so, your share of the estate may be partly or entirely lost.
E. You may waive the requirement ofa bond by signing this'form and delivering it to the petitioner for appointment of a personal
representative or to the petitioner's attorney. Your waiver cannot be withdrawn after the court appoints the personal
representative without requiring a bond. However,
if you sign a waiver of bond, you may later petition the court to require a bond.
F. A guardian ad litem or other legal representative with specific authority under law to waive bond must sign for a minor, an
incapacitated person, an unascertained beneficiary, or a designated class of persons who are not ascertained or not yet in being.
See Judicial Council forms DE—350 and DE-351 and Probate Code section 1003.
G. If you donot understand this form, do not sign it until you have asked a lawyer (who is independent of the lawyer for the
proposed personal representative) to explain it to you.
WAIVER
1. Ihave read and understand paragraphsA through G above.
2, Iunderstand that before signing this form, lam free to consult with a lawyer of my choice concerning the possible
consequences to me of waiving bond.
3, I understand that I do not have to waive bond to allow the estate administration to begin or proceed, orto receive my
share of the estate.
4. |WAIVE the posting of bond in this estate by (name ofpersonal representative):George Avdalas
Date:
George Avdalas
(TYPE OR PRINT NAME OF BENEFICIARY (AND AUTHORIZED (SIGNATURE)
SIGNER, lF BENEFICIARY IS NOT AN INDIVIDUAL»
*( This form may be filed as an independent form (as form DE-142) OR
as Attachment 3e(2) (will) orAttachment 3e(3) (intestacy) to the Petition for Probate (form 05-111) (as form DE-111(A-3e).)
FormAdoptedforMandatory Use Probate Code, §8481
JudIciaI Council of California
WAIVER OF BOND BY HEIR OR BENEFICIARY www.courtscagov
DE-142/DE-111lA-3e)[Rev.JuIy1,2017] (Probate—Decedents Estates) ,
Page
1
of
Attachment to Petition for Probate
The Estate of Xanthi Avdalas
Attachment 3H3) - Grounds and Requested Orders for Appointment of Special
Administrator
A Special Administrator, Konstantine Avdalas, is requested here for certain limited
purposes.
The Decedent, Xanthi Avdalas, died intestate on September 26, 2017. She was not married
at the time of his death. She was survived by her two children, George Avdalas and Konstantine
Avdalas. Pursuant to the Decedent’s Will, the Decedent’s entire estate passes equally to her
children. Her son, Konstantine Avdalas, has petitioned to be appointed as Special Administrator
of her estate with the consent of her other child, George Avdalas.
The Decedent owned and operated 3 rental properties in Fairfield, California. The rental
properties were operated and managed solely by the Decedent, with her two sons occasionally
assisting her. In operating and maintain those rental properties, the Decedent used two accounts at
Bank of America with approximately $76,684.43 total. The tenants of these rental properties pay
rental income, which is distributed directly into these accounts, and the Decedent would then use
those accounts to pay bills for the maintenance and upkeep of the rental properties. Only the
'
Decedent had access to those accounts.
"
A Special Administrator is immediately needed for the sole and limited purpose of
accessing the Decedent’s bank accounts ending in 0940 and 4602 in order to pay pending tax bills,
expenses, and any other fees for the rental properties, while also managing rental payments, until
an Executor of the Estate can be appointed. Upon the appointment of the Executor, the Letters of
Special Administrator can expire and the formal probate action can be initiated.
This Petition is brought on an ex parte basis. The Decedent’s other child, George Avdalas
has waived notice of the hearing of this petition and consent to it in all respects. That waiver and
consent form is attached hereto.
Wherefore, Petitioner prays for orders as follows: .
1. That Konstantine Avdalas be appointed as Special Administrator herein, with special
powers, without bond, to access the Decedent’s Bank of America accounts ending in
0940 and 4602 to pay pending tax bills, expenses, and any other fees, and managing
rental payments, for the rental properties.
WAIVER OF NOTICE AND CONSENT TO EX PARTE PETITION
I,GEORGE AVDALAS, am the heir at law and present beneficiary of the Estate of
Xanthi Avdalas. ,
I have received a copy of KONSTANTINE AVDALAS’, petition to be appointed as
Special Administrator of the Estate of Xanthi Avdalas, and am familiar with its contents.
I hereby waive notice of the hearing of her petition to be appointed as Special
Administrator, request that it be heard on an ex parte basis, and consent to it. in all respects. I
Preview
'j , \ \« ‘J/ - DE-111 ATTORNEY 0R PARTY WITHOUT ATTORNEY: 292990 STATE BAR NO.: FOR COURT USE ONLY NAME:Andrea A. Nguyen Corey, Luzaich, de Ghetaldi, FIRM NAME: Nastari & Riddle LLP STREETADDRESS:700 El Camino Real, PO. Box 669 CITY:Millbrae STATE:CA ZIPCODE:94030 (650) 871—5666 TELEPHONE NO.: aan@coreylaw.com E-MAILADDRESS: (650) 871-4144 FAX NO.: 'I FHAEQ Konstantine Avdalas ATTORNEY FOR (name): SAN MATEO COUNTY 3.“s I SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo "A“ 400 County Center STREET ADDRESS: 3X DEC II 6 2017 MAILING ADDRESS: Redwood City, CA 94063 CITY AND ZIP CODE: Southern Branch/Hall ofJustice BRANCH NAME: DEPUTY CLERK ESTATE OF (name): XANTHI AVDALAS DECEDENT CI PETITION FOR Qaflyl ‘/ '_ Probate of Probate of I: with Will Annexed Lost Lost Will and for Letters Testamentary Will and for Letters of Administration CAseiuqéEPR 0 01253314 Letters of Administration Q? x Letters of Special Administration E] with general powers HEARING DATE AND TIME? DEPT; Administration of Estates Act I: Authorization to Administer Under the Independent With limited authority DEC@ 6 gm Zm ' '— 1. Publication will be in (specify name of newspaper): 1‘77 PRO;701253A Cl . a. Publicationrequested. PETIL2 2. b. E Publication to be arranged. Petitioner (name each): IEEIIIEI I tor Letters of Special Administration Konstantine Avdalas requests that IlllllIlIlll II ll a. CI decedent's will and codicils, if any, be admitted to probate. b. (name): Konstantine Avdalas be appointed )|:] executor (2)|:| administrator with will annexed |:] (3) ) administrator special administrator I: and Letters issue upon qualification. with general powers C. |:] 1) full [:| limited authority be granted to administer under the Independent Administration of Estates Act. bond not be required for the reasons stated in item Se. 2)I:I$ bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise provided by law.(Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob. Code, § 8482.) $ in deposits in a blocked account be allowed. Receipts will be filed. (Specify institution and location): Decedent died on (date):September 26, 2017 at (place): San Mateo county, California 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): |:] Decedent was a citizen of a country other than the United States (specify count/y): Street address, city, and county of decedent's residence at time of death (specify): 157 Acacia Avenue, San Bruno, CA 94066 Page1of 4 Form Adopted for Mandatory Use Probate Code, §§ 8002, 10450; Judicial Council of California PETITION FOR PROBATE www.courts.ca.gov DE-111 [Rev. July 1, 2017] (Probate—Decedents Estates) DE-111 CASENUMBER ESTATE OF (name): . XANTHI AVDALAS ‘ DECEDENT 3. d. Character and estimated value of the property of the estate (complete in all cases): (1) Personal property: $79,664.43 (2) Annual gross income from (a) real property: $ 72,000.00 (b) personal property: $ (3) Subtotal (add (1) and (2)): $ 151,664.43 (4) Gross fair market value of real property:$ 2,000,000.00 (5) (Less) Encumbrances: ($ 200,000.00 ) (6) Net value of real property: $ 1,800,000.00 . Total (add (3) and (6)) 1,951,664.43 e. (7) (1) (2) |:] 1:] Will waives bond. I: $ 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 (3)- (4) n [:l 3e 2 A||(hgai)rs 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. f. (1) |:| Decedent died intestate. (2) El Copy of decedent's will dated: |:| codicil dated (specify foreach): (Include typed copies of handwritten documents and English translations of foreign- are affixed as Attachment 3f(2). language documents.) [:l The will and all codicils are self—proving (Prob. Code, § 8220). ) 1:] (Affix a copy of the lost will or codicil ora written The original of the will and/or codicil identified above has been lost. 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: ) ) E E] Proposed executor is named as executor in the will and consents to act. No executor is named in the will. ) El Proposed personal representative is a nomineeof a person entitled to Letters. (Affix nomination as Attachment 3g(1)(c).) d) |:] Other named executors will not act because of |:| death I:] declination |:] other reasons (specify): (2) :1 Continued in Attachment 39(1)(d). Appointment of administrator: |:| a) b) c) I: I: Petitioner is a person entitled to Letters. explain priority in Attachment 3g(2)(a).) (If necessary, Petitioner is a nominee of a person entitled to Letters. Petitioner is related to the decedent as (specify): (Affix nomination as Attachment 3g(2)(b).) 3) Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 39(3).) (4) |:] Proposed personal representative would be a successor personal representative. h. Proposed personal representative is a (1) resident of California. (2) |:] nonresident of California (specify/permanent address): (3) resident of the United States. (4) [:j nonresident of the United States. DE-111 [Rev July 1, 2017] PETITION FOR PROBATE of4 Page 2 (Probate—Decedents Estates) /’ \‘x \y/l DE-111 CASENUMBER ESTATE OF (name): XANTHIAVDALAS ' / DECEDENT 4. [:I Decedent's will does not preclude administrationyof this estate under the Independent Administration of Estates Act. 5. (7) or (8)) Decedent was survived by (check Items (1) or (2), and (3) or (4), and (5) or (6), and -I: a. )E] spouse. no spouse as follows: (2) (a) divorced or never married. (b) spouse deceased. (3) E] registered domestic partner. (4) no registered domestic partner. (See Fem. Code, § 297.5(0); Prob. Code, §§ 37(b),6401(0), and 6402.) (5) child as follows: (a) natural or adopted. (b) El natural adoptedby a third party. (6) (7) S (:1 no child. issue of a predeceased child. ‘ (8) no issue of a predeceased child. b. Decedent |:] was 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 or issue. spouse, registered domestic partner, (Check the first box that applies): a. |:] Decedent was survived by a parent or parents who are listed in item 8. b. [:l Decedent was survived by issue of deceased parents, all of whom are listed in item 8. c. [:1 Decedent was survived by a grandparent or grandparents who are listed in item 8. d. |:| Decedent was survived by issue ofgrandparents, all of whom are listed in item 8. e. [:l Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. f. |:] Decedent was survived by nextof kin, ofwhom all are listed in item 8. g. E] Decedent was survived whom are listed in item by parents of a predeceased spouse or issue of those parents, if both are predeceased, 8. all of h. |:| Decedent was survived by no known next of kin. 7. (Complete only if no spouse or issue survived decedent.) a. |:] Decedent had no predeceased spouse. b Decedent had a predeceased spouse who IE] )|:| died not more than 15 years before decedent and who owned an interest In real property that passed to decedent )El 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) Cl Decedent was survived ' by issue of a predeceased spouse, all of whom are listed in item 8. (b) :1 Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8. (c) [:l Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8. [:l ):| (d) (e) Decedent Decedent was was survived survived by next of kin of the decedent, all of whom are listed in item 8. by next of kin of the predeceased spouse, all of whom are listed In item 8. )El 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. DE-11‘l [Rev. July 1, 2017] PETITION FOR PROBATE . of4 Page 3 ' (Probate—Decedents Estates) DE-111 ' CASENUMBER ESTATE OF (name): . XANTHI AVDALAS « DECEDENT 8_ Name and relationship to decedent Age Address George Avdalas — Son Adult . 157 Acacia Avenue San Bruno, CA 94066 Konstantine Avdalas - Son Adult 2227 24th Street San Francisco, CA 94116 |__—_]Continued on Attachment 8. 9. Number of pages attached: 4 Date: l2/5/l7 Andrea A. Nguyen, Esq. A } M/ M OF ATTORNEY) (TYPE OR PRINT NAME ' (Signatures of all petitioners are also required. “Q L (SIGNATURE OF ATTORNEY) ode, §§ 1020, 1021; Cal. Rules of Court, mle 7.103).) All petitioners must sign, but the petition may be verified by any one of them (PrO . Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ‘2‘ 6 I ‘3’ Konstantine Avdalas (TYPE 0R PRINT NAME OF PETITIONER) - ’ M I’ ‘(QNATURE 0F PETITIONER) (TYPE OR PRINT NAME OF PETITIONER) . 4 (SIGNATURE OF PETITIONER) Signatures of additional petitioners follow last attachment. Page4of4 DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE (Probate—Decedents Estates DE-142/DE-111(A-3e) ATTORNEY OR PARTY WITHOUT ATTORNEY: 292990 STATE BAR NO: FOR COURT USE ONLY NAME: Andrea A. Nguyen Luzaich, FIRM NAME: Corey, de Ghetaldi,Nastari & Riddle LLP ' STREETADDRESS:700 El Camino Real, PO. Box 669 ' CITY:Millbrae . , . STATE: CA 94030 ZIP CODE: (650) 871-5666 TELEPHONE No.: FAXNO: (650) 871-4144 aan@corey|aw.com E-MAILADDRESS: Konstantine Avdalas ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREET ADDRESS:400 County Center MAILING ADDRESS: Redwood City, CA 94063 CITY AND ZIP CODE: BRANCH NAME:Southern Branch/Hall of Justice ' ESTATE OF (Name): XANTHI AVDALAS ,DECEDENT CASENUMBER: WAIVER OF BOND BY HEIR 0R BENEFICIARY ‘ Attachment 3e to Petition for Probate* NOTICE: READ PARAGRAPHS A—G BEFORE YOU SIGN A. A bond is a form of insurance to replace assets that may be mismanaged or stolen by the executor or administrator (the estate's personal representative). The cost of the bond is paid from the assets of the estate. B. A bond may not be required if the decedent's will admitted to probate waives a bond and the court approves. C. If the decedent's will does not waive bond, or if the decedent died without a will, the law ordinarily requires the personal representative to give a bond approved and ordered by the court. However, all persons eligible to receive a share of the estate may waive the requirement of a bond. If they all waive bond and the court approves. the personal representative will NOT have to give a bond. D. If bond is not ordered by the court, and the estate suffers loss because the personal representative fails to properly perform the duties of the office, the loss or some part of it may not be recoverable from the personal representative. If so, your share of the estate may be partly or entirely lost. E. You may waive the requirement of a bond by signing this form and delivering it to the petitioner for appointment of a personal representative or to the petitioner's attorney. Your waiver cannot be withdrawn after the court appoints the personal - representative without requiring a bond. However,if you Sign a waiver of bond, you may later petition the court to require a bond. F. A guardian ad litem or other legal representative with specific authority under law to waive bond must sign for a minor, an incapacitated person, an unascertained beneficiary, or a designated class of persons who are not ascertained or not yet in being. See Judicial Council forms DE-350 and DE-351 and Probate Code section 1003. G. If you do not understand this form, do not sign it until you have asked a lawyer (who is independent of the lawyer for the proposed personal representative) to explain it to you. WAIVER 1. Ihave read and understand paragraphs A through G above. . 2. lunderstand that before signing this form, I am free to consult with a lawyer of my choice concerning the possible consequences to me of waiving bond. 3. I understand that I do not have to waive bond to allow the estate administration to begin or proceed, or to receive my share of the estate. 4. IWAIVE the posting of bond in this estate by Konstantine Avdalas I (name of personal representative): (TYPE 0R PRINT NAME OF BENEFICIARY (AND AUTHORIZED SIGNER. IF BENEFICIARY IS NOT AN INDIVIDUAL)) *(This form may be filed as an independent form (as form DE-142) OR . F ‘ V I George Avdalas ' (SW) W as Attachment 3e(2) (will) or Attachment 3e(3) (intestacy) to the Petition for Probate (form DE-111) (as form DE-111(A-3e).) Probate Code, 5 8481 Form Adopted for Mandatory Use Judicial Council of California WAIVER OF BOND BY HEIR OR BENEFICIARY www.couriscagov DE-142/DE-111(A-36) [Rev. July 1. 2017] (Probate—Decedents Estates) Page of DE-142/DE-111(A-3e) ATTORNEY OR PARTY VMTI-IOUT ATTORNEY: 292990 STATE BAR NO.: FOR COURT USE ONLY NAME:Andrea A. Nguyen Corey, Luzaich, de Ghetaldi, Nastari & Riddle LLP FIRM NAME: STREETADDRESS:700 El Camino Real, PO Box 669 CITY:Millbrae STATE:CA 94030 ZIP CODE: (650) 871-5666 TELEPHONE N0.: (650) 871-4144 FAX NO.: ‘ aan@coreylaw.com E—MAILADDRESS: Konstantine Avdalas ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREETADDRESS:400 County Center MAILING ADDRESS: Redwood City, CA 94063 CITY AND ZIP CODE: Southern Branch/Hall ofJustice BRANCH NAME: ESTATE OF (Name): XANTHI AVDALAS ' ,DECEDENT CASE NUMBER: WAIVER OF BOND BY HEIR OR BENEFICIARY Attachment 3e to Petition for Probate“ NOTICE: READ PARAGRAPHS A—G BEFORE YOU SIGN A. A bond is a form of insurance to replace assets that may be mismanagedor stolen by the executor or administrator (the estate's personal representative). The cost of the bond is paid from the assets of the estate. B. A bond may not be required if the decedent's will admitted to probate waives a bond and the court approves. C. Ifthe decedent's will does not waive bond, or ifthe decedent died without a will, the law ordinarily requires the personal representative to give a bond approved and ordered by the court. However, all persons eligible to receive a share of the estate may waive the requirement ofa bond. If they all waive bond and the court approves, the personal representative will NOT have to give a bond. D. If bond is not ordered by the court, and the estate suffers loss because the personal representative fails to properly perform the duties of the office, the loss or some part of it may not be recoverable from the personal representative. If so, your share of the estate may be partly or entirely lost. E. You may waive the requirement ofa bond by signing this'form and delivering it to the petitioner for appointment of a personal representative or to the petitioner's attorney. Your waiver cannot be withdrawn after the court appoints the personal representative without requiring a bond. However, if you sign a waiver of bond, you may later petition the court to require a bond. F. A guardian ad litem or other legal representative with specific authority under law to waive bond must sign for a minor, an incapacitated person, an unascertained beneficiary, or a designated class of persons who are not ascertained or not yet in being. See Judicial Council forms DE—350 and DE-351 and Probate Code section 1003. G. If you donot understand this form, do not sign it until you have asked a lawyer (who is independent of the lawyer for the proposed personal representative) to explain it to you. WAIVER 1. Ihave read and understand paragraphsA through G above. 2, Iunderstand that before signing this form, lam free to consult with a lawyer of my choice concerning the possible consequences to me of waiving bond. 3, I understand that I do not have to waive bond to allow the estate administration to begin or proceed, orto receive my share of the estate. 4. |WAIVE the posting of bond in this estate by (name ofpersonal representative):George Avdalas Date: George Avdalas (TYPE OR PRINT NAME OF BENEFICIARY (AND AUTHORIZED (SIGNATURE) SIGNER, lF BENEFICIARY IS NOT AN INDIVIDUAL» *( This form may be filed as an independent form (as form DE-142) OR as Attachment 3e(2) (will) orAttachment 3e(3) (intestacy) to the Petition for Probate (form 05-111) (as form DE-111(A-3e).) FormAdoptedforMandatory Use Probate Code, §8481 JudIciaI Council of California WAIVER OF BOND BY HEIR OR BENEFICIARY www.courtscagov DE-142/DE-111lA-3e)[Rev.JuIy1,2017] (Probate—Decedents Estates) , Page 1 of Attachment to Petition for Probate The Estate of Xanthi Avdalas Attachment 3H3) - Grounds and Requested Orders for Appointment of Special Administrator A Special Administrator, Konstantine Avdalas, is requested here for certain limited purposes. The Decedent, Xanthi Avdalas, died intestate on September 26, 2017. She was not married at the time of his death. She was survived by her two children, George Avdalas and Konstantine Avdalas. Pursuant to the Decedent’s Will, the Decedent’s entire estate passes equally to her children. Her son, Konstantine Avdalas, has petitioned to be appointed as Special Administrator of her estate with the consent of her other child, George Avdalas. The Decedent owned and operated 3 rental properties in Fairfield, California. The rental properties were operated and managed solely by the Decedent, with her two sons occasionally assisting her. In operating and maintain those rental properties, the Decedent used two accounts at Bank of America with approximately $76,684.43 total. The tenants of these rental properties pay rental income, which is distributed directly into these accounts, and the Decedent would then use those accounts to pay bills for the maintenance and upkeep of the rental properties. Only the ' Decedent had access to those accounts. " A Special Administrator is immediately needed for the sole and limited purpose of accessing the Decedent’s bank accounts ending in 0940 and 4602 in order to pay pending tax bills, expenses, and any other fees for the rental properties, while also managing rental payments, until an Executor of the Estate can be appointed. Upon the appointment of the Executor, the Letters of Special Administrator can expire and the formal probate action can be initiated. This Petition is brought on an ex parte basis. The Decedent’s other child, George Avdalas has waived notice of the hearing of this petition and consent to it in all respects. That waiver and consent form is attached hereto. Wherefore, Petitioner prays for orders as follows: . 1. That Konstantine Avdalas be appointed as Special Administrator herein, with special powers, without bond, to access the Decedent’s Bank of America accounts ending in 0940 and 4602 to pay pending tax bills, expenses, and any other fees, and managing rental payments, for the rental properties. WAIVER OF NOTICE AND CONSENT TO EX PARTE PETITION I,GEORGE AVDALAS, am the heir at law and present beneficiary of the Estate of Xanthi Avdalas. , I have received a copy of KONSTANTINE AVDALAS’, petition to be appointed as Special Administrator of the Estate of Xanthi Avdalas, and am familiar with its contents. I hereby waive notice of the hearing of her petition to be appointed as Special Administrator, request that it be heard on an ex parte basis, and consent to it. in all respects. I