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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

PROBATE

Estate of Gary L. Nolan

Case No: 17PR00113
Hearing Date: Wed May 16, 2018 8:30

Nature of Proceedings: Petition for First and Final Accounting and Final Distribution, Waiver of Appraisal

The following defects still persist and must be corrected before the petition can be approved:

 

1) Final Inventory and Appraisal (Form DE-160). Probate Code section 8800 requires a Final Inventory and Appraisal to be filed within 4 months after Letters of Administration or Testamentary are issued. Letters were filed in this case on May 24, 2017, and a Final Inventory and Appraisal was filed on February 21, 2018. The appraisal filed was not signed by the Probate referee, in violation of Probate Code section 8902. A probate referee must appraise all property not allowed to be appraised by the personal representative listed in Probate Code section 8901.

 

It is noted for the Court that a separate petition was filed requesting waiver of the Final Inventory and Appraisal, and was withdrawn on January 23, 2018.

 

2) An amended petition that corrects the following defects:

 

PLEASE NOTE: Amended petitions must be re-served in the same manner as the initial service of the petition. (See CRC, Rule 7.53.)

 

Paragraph 23: The amount of statutory compensation is miscalculated and cannot be properly calculated until the Final Inventory and Appraisal is made by the probate referee. Even if the referee had signed the current document, the amount listed in that document and the amount listed in this paragraph on the petition do not match.

 

Paragraph 26. The accounting attached to the petition contains the following discrepancies:

 

-       Discrepancy no. 1 – RENTS – there are only two entries of rents for the rental properties in the estate for an accounting period of 14 months. There should be 14 entries of rents listed per property, making a total of 28 rents entries on schedule A.

-       Discrepancy no. 2 – DISBURSEMENTS TO MS. ENGLES – there are two disbursements to Marion Engle in schedule B (one for $3,836 and one for $59,252) that do not contain a description of what the disbursements were for. These must be explained.

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3) A proposed order containing the corrections above, and corrects the amount of statutory compensation to the personal representative at paragraph 9 and attorney at paragraph 10.

 
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