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Tentative Ruling
Judge Timothy Staffel
Department 1 SM-Cook
312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369


Estate of Elizabeth Dunaway

Case No: 1377022
Hearing Date: Wed Aug 20, 2014 8:30

Nature of Proceedings: (1) First and Final Account etc. (2) OSC re Final Distribution

(1) First and Final Account etc.

The following must be addressed by amendment or an amended petition: 

  • Notice to the Franchise Tax Board--The petition alleges that notice is not necessary because letters were issued prior to 2008. Letters in this matter were issued on July 29, 2011. Notice to the Franchise Tax Board must be given. (Prob. Code, sec. 9202(c).)
  • It appears that the Inventory and Appraisal contains an appraisal of real property which decedent did not own at her death. It appears that the real property which was included in this estate appraisal was administered in Stanislaus County (Estate of Winifred Byrum).  Accordingly, the calculation for statutory fees is incorrect and must be revised.
  • The decedent made specific bequests in the holographic will that have not been addressed in the petition.

It is recommended that the matter be continued to September 17, 2014 at 8:30 a.m. unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1701 (b).) If the matter is continued, the documents must be submitted at least 5 days prior to the new hearing date to be considered.

Please Note: The Clerk’s Office is short-handed due to state budgetary constraints. Processing times may be delayed. Please keep that in mind when submitting your documents.

(2) OSC re Final Distribution

It is recommended that this event be taken off-calendar.