Estate of Kimberly Ann Phebus

Case Number

22PR00439

Case Type

Hearing Date / Time

Wed, 09/13/2023 - 08:30

Nature of Proceedings

Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.  The following must be submitted:

Escrow Statements to Support the Final Report.  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].)  The Local Form Pleading used contains the required allegations of a Final Report, but that is dependent on the proper boxes checked in the pleading.

The Petition here indicates at paragraph 17 that the personal representative took no action under the IAEA without court approval.  This is not a accurate allegation, because the personal representative obviously sold several parcels of real property and there are no confirmations of those sales by this Court, because the personal representative did not request court conformations of those sales.  Even if the sales were properly listed at paragraph 17, a Final Report is not complete without escrow statements from the sale of real property.  This is because allegations in the petition must include all 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))

Thus, the requirements of Rule 7.550(b) mandate an escrow statement for any sale of real property be submitted in support of the final report.

If the documents curing these deficiencies are not processed by 8:00 a.m. on September 11, 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).

 Appearances:

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

 Meeting ID: 160 047 8568

Passcode: 9258167