Estate of Lensch

I. INTRODUCTION

Appellants Jason Lensch and Ban Lensch (appellants) appeal from the probate court’s order denying their petition to determine survival and to determine persons entitled to distribution of the estate of their grandmother, Gladys Mildred Lensch, under Probate Code sections 220, 21109, and 21110. They argue that the trial court erred in denying their requests for an evidentiary hearing as well as denying their petition. We agree and conclude that the trial court should have held an evidentiary hearing. Accordingly, we reverse the court’s order, and remand this matter for an evidentiary hearing.

H. FACTUAL AND PROCEDURAL BACKGROUND

On March 12, 2008, at 2:30 a.m. Gladys Lensch died in a San Mateo County nursing home. She was 98 years old. She left the following three-sentence holographic will: “I Gladys Lensch do hereby declare, being of sound mind, that my estate be equally divided between my daughter Claudia and my son Jay. [][] Claudia being married has 2 daughters, and my son by a previous marriage has 2 sons. They will provide for the well being of my grandchildren in the event of my death or serious incapacity due to lengthy illness. H] God Bless the…