Guardianship of Alizee Lytle

Case Number

21PR00403

Case Type

Hearing Date / Time

Thu, 09/21/2023 - 09:00

Nature of Proceedings

Status of Accounting 1st Account

Tentative Ruling

Court records show that an Accounting is due (See Prob. Code, § 2620), but there is no accounting on file.  At the May ,18, 2023 hearing the Court granted a continuance on the accounting to July 13, 2023.  The accounting should have been filed for review by July 28,2023.

However, the letters of guardianship issued on 11/16/2021 state the guardianship expires on 05/24/2023. Therefore, in the alternative, the petitioners may submit a waiver of account and final report.

Under Probate Code, section 2627(a), a minor who has reached age 18 may settle accounts with, and release, the guardian, obviating the need to present a formal final account to the court. The settlement must be reached in good faith and without undue influence.

If the ward waives the account, Cal. Rules of Court, rule 7.1004(c), requires a guardian of the estate whose administration is terminated by operation of law to submit a final report of the administration. However, the guardian of the estate is not entitled to a discharge until 1 year after the minor has reached majority. (Prob. Code, §2627(b).)

Therefore, petitioner must submit either:

1. The 1^st Account and Report for the court’s review; or,
2. A waiver to account signed by the ward along with a final report of the administration.