Estate of Eva Rodriguez Rayas

Case Number

21PR00105

Case Type

Hearing Date / Time

Tue, 04/09/2024 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

The following must be submitted:

Supplement to the Petition.  When a decedent’s estate does not pass by a testamentary instrument (by failure of transfer, or omission, etc.), that property passes to the decedent’s heirs as prescribed in Division 6, part 2 of the Probate Code (§§6401, et seq.). (Prob. Code, § 6400.) The proposed distribution differs from the intestate distribution scheme in Probate Code section 6400 et seq.

Petitioner’s proposed/stipulated distribution does not address any controversy regarding distribution, and appears more akin to assignment of an heirs rights that must be review pursuant to Probate Code section 11604.  Please submit supplement explaining the circumstances behind the stipulation, and why distribution differs.

Further explanation of item in escrow statement.  An item in the escrow statement is not readily understandable from the brief description givern.  Under the “Miscellaneous” category, an entry for “Judgment Payoff to Account Management Services” was listed for $10,059.58.  Please include a discussion in the supplement that addresses why this amount had to be paid out of the sale proceeds.

If the documents curing these deficiencies are not processed by 8:00 a.m. on Aril 5, 2024, it is recommended that the matter be continued to a date to be set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).)  If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered.

 

Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).