Conservatorship of Edward Earl Harding
Conservatorship of Edward Earl Harding
Case Number
20PR00404
Case Type
Hearing Date / Time
Tue, 12/03/2024 - 09:00
Nature of Proceedings
Report of Sale and Petition for Order Confirming Sale of Real Property
Tentative Ruling
Probate Notes:
Appearances required. Continuance is required due to failure to post notice (discussed below).
Notice is Inadequate. Notice must conform to the same requirements in the provisions governing the sale of real property in decedent’s estates. (Prob. Code, § 2543(b).) This includes publication, posting notice by the court clerk, etc. The notice in this case was not posted by the clerk and the Proof of Service was not on the proper Judicial Council Form. Notice of at least 15 days is required to the conservator, conservatee, spouse of conservatee (if applicable), the buyer, and any party requesting special notice. (Prob. Code, §§1220(a)(2)(B), 10308(c), and 11601.) Proofs of Service must be filed using form DE-260/GC-060.
Stale appraisal. Appraisal or re-appraisal of the subject real property must be done by the Probate Referee within one year of the date of sale, using a date of valuation within that year. (Prob. Code, § 10309(a)(1-2).) The current Inventory and Appraisal was over one year ago.
Low Sale Price. Sale price that is proposed in the petition is not at least 90% of the appraisal value in the most recent Inventory and Appraisal. (Prob. Code, §10309(a)(3).)
Excessive Broker Commission. Brokers commissions are not within the range of the community standard (6% max). Brokers fees must be reasonable, or the Court cannot approve them. (Prob. Code, §§10313(b); 10161(a).)
Proposed Order (DE-260). A proposed order must be submitted with relief that matches that requested in the petition. No such document was filed with the court.