Estate of Katherine M Schmerzler

Case Number

22PR00098

Case Type

Hearing Date / Time

Mon, 09/11/2023 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

The following must be submitted:

Final Report.  A “final report of administration” must be filed at the same time a final account is required.  (Prob. Code, § 10954(c)[requires amount of compensation paid/payable to PR or attorney & basis for determination].)

As relevant in this case, allegations must include actions taken under IAEA, including:

• sales, purchases, or exchanges of assets (CRC, Rule 7.550(b)(2))
• changes in the form of assets (CRC, Rule 7.550(b)(3))
• assets on hand (CRC, Rule 7.550(b)(4))
• whether the estate is solvent (CRC, Rule 7.550(b)(5))
• detailed schedules of receipts and gains or losses on sale, IF an amount other than the amount of the Inventory and Appraisal is used as a basis for calculating fees or commissions (CRC, Rule 7.550(b)(6))
• a list of costs of administration, IF reimbursement of administration costs is requested  (CRC, Rule 7.550(b)(7))
• a list of the amount of any fees or commissions paid or to be paid (CRC, Rule 7.550(b)(8)), and the calculation of such fees or commissions as described in CRC, Rule 7.705(b) (CRC, Rule 7.550(b)(9))

NOTE: The requirements of Rule 7.550(b) mandate an escrow statement for any sale of real property must be submitted in support of the final report. It is insufficient to merely list the escrow charges in the account. The actual escrow statement must be submitted.

Proposed Order.  A proposed order must be submitted with relief that matches that requested in the petition. (Local Rule 1724(b), subd.(d).)  Order must list every beneficiary and detail the shares to each, and must expressly state limitations or conditions on distribution.  (Prob. Code, § 11603.) Please resubmit the proposed order using Local Form SC-6029.

If the documents curing these deficiencies are not processed by 8:00 a.m. on September 9, 2023, 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).