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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 Gary L. Nolan

Case No: 17PR00113
Hearing Date: Wed Mar 07, 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, 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noted for the Court that a separate petition was filed requesting waiver of the Final Inventory and Appraisal, and was withdrawn on January 23, 2018.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 18 indicates the estate has not paid all Decedent’s debts and debts of the estate.  This indicates the estate is not in a condition to be closed.


Paragraphs 21 and 22 were unanswered.


Paragraph 24 indicates that Petitioner requests extraordinary compensation to the attorney for Petitioner, but the attachment (24b) does not contain enough facts for the Court to determine what the fees were incurred for, and whether or not they are reasonable.  This requires billing documentation with detailed descriptions of the work performed. (Prob. Code, § 10811, CRC, Rule 7.703.)


Paragraph 25 request reserve of $5,400 for taxes and tax preparation as well as Probate Referee Fees.  The request for probate referee fees is inappropriate, because those fees should be paid during administration, and have obviously not been paid due to the lack of appraisal by the probate referee.  This indicates the estate is not in a condition to be closed.


Paragraph 26. The accounting attached to the petition does not comply with Probate Code sections 10951 and 1060 et seq.  Petitioner should be ordered to use the Judicial Council Forms (GC-400(SUM), GC-405(A), and other forms in the GC-405 series as appropriate) in order to properly submit an accounting.


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


PLEASE TAKE NOTE: Due to the still relatively high volume of the deficiencies in this petition, it is recommended the Court require Petitioner to use the Judicial Council Forms for the Accounting. (See note above.)

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