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Conservatorship of Kyoko Gaudin

Case Number

22PR00187

Case Type

Conservatorship - Person and Estate

Hearing Date / Time

Mon, 10/23/2023 - 08:30

Nature of Proceedings

1st Accounting And Report of Conservator

Tentative Ruling

Probate Notes:

The Court received Notice of Conservatee’s Death (Form GC-399) on March 15, 2023.  The death of a conservatee terminates the conservatorship of the person and estate by operation of law (Prob. Code, § 1860, subd. (a)), but the conservator of the estate remains responsible for the custody and conservation of the estate until it is either delivered to the personal representative of the conservatee-decedent's estate, or some other lawful disposition is made. (Prob. Code, §§1860, 2467.)

Upon the death of a conservatee, a final accounting of the conservatee’s estate must be submitted. (Prob. Code, § 2620(b); CRC, Rule 7.1052(c).) The death of the conservatee “does not cause the court to lose jurisdiction of the proceeding for the purpose of settling the accounts of the [] conservator or for any other purpose incident to the enforcement of the judgments and orders of the court upon such accounts or upon the termination of the relationship.” (Prob. Code, § 2630.)

Due to the above authorities, the final accounting and termination of the conservatorship is set for hearing on:

November 13, 2023, at 8:30 a.m. in Department 4.

The accounting submitted shall comply with Prob. C. § 2620(b) and (c). The period of the accounting shall be from the date of appointment as conservator to the date of death of the conservatee. A stub accounting from the date of death of the conservatee to the date the conservatee’s estate is delivered to the conservatee’s personal representative may be presented at the same time, or the conseravator may request an additional date to submit that account.

Conservator shall give notice as required by Prob. C. § 2621 and § 1460.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 797 5412

Passcode: 8749009

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