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We have been made aware of fraudulent text messages being sent to individuals claiming to be from the Department of Motor Vehicles (DMV) or the court system. These messages often state that the recipient owes penalties or fees related to traffic violations or DMV infractions and may include a link or phone number to resolve the matter. 

Take these steps to reduce the chances of falling victim to a text message scam:

  • Never respond to unsolicited or suspicious texts — If you receive a message asking for personal or financial information, do not reply.
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Please see DMV warning about fraudulent texts: https://www.dmv.ca.gov/portal/news-and-media/dmv-warns-of-fraudulent-te…

Jury Scam alert -

The Santa Barbara Superior Court has received complaints about individuals trying to scam members of the public by pretending to be court officers or officials. The Jury Services office of the Santa Barbara Superior Court does not call citizens to request payments for failing to appear for jury duty. California law does not permit citizens to pay a fine in lieu of jury duty. If you receive such a call simply hang up and, if the scammer persists, call your local law enforcement agency. Learn more about the recent scam warning.

Notice to Jurors:

Prospective jurors summoned for jury service can expect to receive their jury summons in postcard form. Please check your mail for a postcard with important instructions to fulfil your jury service. Visit the Jury Services page for more information.

Estate of Estate of Mary Ann Chaplin

Case Number

22PR00215

Case Type

Decedent's Estate

Hearing Date / Time

Mon, 01/08/2024 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

The following must be submitted:

Proof of Service of Notice of Hearing (Form DE-120).  Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors.  (Prob. Code, §§ 11601 & 1220.) Notice must be sent to the person, not the person’s representative. (§1220.)  No such document was filed.

Notice to Franchise Tax Board.  Notice MUST have been given to the Franchise Tax Board not later than 90 days after the date letters are first issued. (Prob. Code, § 9202, subd. (c)(1).)

Notice to Relevant State Entities.  Paragraph 7 of the Petition was left blank, thus notice of the petition must be served to any of the following state entities, if relevant:

  • State Board of Equalization - If decedent paid any taxes pursuant to Sales and Use Tax Law (Rev. & Tax. Code § 6487.1), Bradley-Burns Uniform Local Sales and Use Tax Law (Rev. & Tax. Code § 6487.1), Transactions and Use Tax Law (Rev. & Tax. Code § 6487.1), Motor Vehicle Fuel License Tax Law (Rev. & Tax. Code § 7675.1), Use Fuel Tax Law (Rev. & Tax. Code § 8782.1), Administration of Franchise and Income Tax Law (Rev. & Tax. Code § 19517), Cigarette Tax Law (Rev. & Tax. Code § 30207.1), and Alcoholic Beverage Tax Law (Rev. & Tax. Code § 32272.1), notice must have been given to the State Board of Equalization.
  • Employment Development Department - If decedent owed unemployment insurance, notice must have been given to the Employment Development Department (Unemp. Ins. Code, § 1090)
  • Department of State Hospitals - If decedent, or his spouse, father, mother, or child, has been a patient in a state hospital preceding the date of decedent's death, notice must have been given to the Department of State Hospitals (Welf. & Inst. Code, § 7277.1)

Supplement to the Petition.  The following defects require a supplement to the petition in order to comply with the relevant code section cited, or give the Court the necessary information to adjudicate the ability of the estate to be closed:

  • Clarification of Petitioner’s name vs. Last Will and Testament Devisee.  Petitioner is named Joseph Chaplin, who is a stranger to the Last Will and Testament of the Decedent (i.e. no Joseph Chaplin is named). If Joseph Chaplin is the result of a legal name change from Joseph Cox, son of the Decedent, please submit proof of the legal change.
  • Property Description -  Allegations must:
    • “list and describe in detail the property to be distributed, in the body of the petition or in an attachment that is incorporated in the petition by reference.”  (CRC, Rule 7.651, subd. (a))
    • include the amount of cash on hand (CRC, Rule 7.651, subd. (b)(1)) [Stating a mere bank account at ¶29 is an insufficient allegation.]
    • include the complete legal description, street address (if any), and assessor's parcel number (if any) of real property CRC, Rule 7.651, subd. (b)(3))
    • include the character of the property to be distributed (e.g. separate, community, or quasi-community) (CRC, Rule 7.652, subd. (a)(1); see also Prob. Code, § 8850) [¶14 was left blank.]
    • include whether or not property is the decedent's one-half interest only, or the entire interest of the decedent and the decedent's spouse, IF community/quasi-community property is to be distributed (CRC, Rule 7.652, subd. (a)(2))

Amended Accounting.  The final account submitted does not comply with the Probate Code requirements for accountings (Prob. Code, §§ 1060, et seq.)  A Probate Code-compliant accounting is required. (Prob. Code, § 10951.) 

Final Report.  Paragraph 17 was left unchecked.  This paragraph triggers whether items in a “final report” are required.  A “final report of administration” must be filed at the same time a final account would be required.  (Prob. Code, § 10954(c)[requires amount of compensation paid/payable to PR or attorney & basis for determination].)  Allegations in the petition must include:

  • all information regarding creditor’s claims; whether or not one was filed, and status of any claims filed (CRC, Rule 7.550(b)(1)), including the following information for each claim (CRC, Rule 7.403; Prob. Code, § 10900):
    • claimant's name
    • date of filing of the claim
    • nature of the claim
    • amount claimed
    • disposition of the claim
    • the date of service of the rejection and whether or not a lawsuit was filed, IF a creditor’s claim was rejected
  • 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.

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.)  IF whereabouts of a distributee are unknown, the Proposed Order must provide for alternate distributes, and detail the share to which they are entitled per PC § 11603(c).  It is highly recommended petitioner use Local Form SC-6029.  No such document was filed with the court.

If the documents curing these deficiencies are not processed by 8:00 a.m. on January 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).

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