Estate of Humbert Weaver

Case Number

22PR00376

Case Type

Hearing Date / Time

Tue, 07/09/2024 - 09:00

Nature of Proceedings

1) Final Distribution 2) Order to Show Cause re: Removal

Tentative Ruling

Probate Notes:

Appearances required. 

After supplement filed on June 24, 2024, the following is noted for the Court:

Notice of Proposed Action re: Sale of Real Property.  Paragraph 17 of the petition clearly states that “Petitioner took the following action without prior court approval under the Independent Administration of Estates Act for which notice of proposed action was required”. Petitioner then indicated in 17a and 17b that no notice to anyone entitled to notice was given by stating: “NA” on each line.  This tells the Court that no notice was given, when notice is specifically required.

Probate Code section 10580 requires giving notice of an exercise of IAEA authority for the sale of real property (Prob. Code, §10511), and failure or refusal to give notice is grounds for immediate removal. (Prob. Code, §10592(a - b).)  If notice was waived, it should have been so indicated, with the date such waivers were filed with the Court.  Upon review of the Register of Action in this case, it appears the only two persons entitled to notice waived notice of all acts taken under the IAEA on July 3, 2023.

HOWEVER, the Court should confirm these waivers by interviewing the two heirs entitled to take the entirety of this estate. The heirs can appear via Zoom for this hearing.

Appearances:

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

Meeting ID: 160 543 3416

Passcode: 5053334