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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 Jan 03, 2018 8:30

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

The following must be submitted:

 

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, but no Inventory and Appraisal has yet been filed. Failure to timely file the inventory and appraisal may result in removal of the administrator from office. (Prob. Code, § 8804(b).)  It is noted for the Court that a separate petition was filed requesting waiver of the Final Inventory and Appraisal. However, that request was not accompanied by a properly proposed Inventory and Appraisal using form DE-160.

 

2) Proof of service of notice of the hearing and a copy of the Petition requesting waiver of appraisal (as well as the proposed inventory and appraisal) on the probate referee (Sandra M. Miller). (Prob. Code, § 8903, subd. (b).)

 

3) An amended petition that corrects the following defects:

 

-       Allegations showing notice of hearing was served on the Franchise Tax Board pursuant to Probate Code section 9202, subdivision (c)(1).

-       Allegations showing no notice needs to be served on any state entity listed in Probate Code section 9202, the Employment Development Department (Unep. Ins. Code, § 1090), Department of State Hospitals (Welf. & Inst. Code, § 7277.1), or the Attorney General (Prob. Code, § 8111).

-       Allegations showing the estate is in a condition to be closed. (§ 11640(b).)

-       Allegations that “list and describe in detail the property to be distributed” (CRC, Rule 7.651, subd. (a).) This includes the legal description of the real property at issue. (Id. at subd. (b)(3).)

-       Allegations that include the character of the property to be distributed. (CRC, Rule 7.652, subd. (a)(1).)

-       Allegations that include a final report of administration as outlined in Probate Code section 10954, subdivision (c), CRC, Rule 7.550, subdivision (b)(1), and Rule 7.550.

-       Allegations that contain the proper calculation for statutory fees. (Prob. Code, §§ 10800, 10810, and CRC, Rule 7.705.)

-       Verification that complies with Probate Code section 1021 and CCP section 128.7.  Although Petitioner signed the last amendment under penalty of perjury, the amendment did not contain a signature by Attorney for Petitioner.

 

4) Waivers of Accounting by all beneficiaries that comply with Probate Code section 10954, or actual accounting that complies with Probate Code sections 10951 and 1060 et seq.

 

5) A proposed order containing the corrections above and that complies with Probate Code section 11603.

 

PLEASE TAKE NOTE: Due to the high volume of the deficiencies in this petition, it is recommended the Court require Petitioner to use Local Forms SC-6028 and SC-6029 to amend the petition.  That form has every item required for final distribution and will aid petitioner in filling an error-free petition.

 
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