Estate of Frank G. Sullano
Estate of Frank G. Sullano
Case Number
22PR00463
Case Type
Hearing Date / Time
Wed, 05/15/2024 - 08:30
Nature of Proceedings
Petition for Final Distribution
Tentative Ruling
Probate Notes:
The following must be submitted:
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:
Property Description - Allegations must:
- 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 complete description of each individual security held in "street name" in security brokers' accounts (CRC, Rule 7.651, subd. (b)(4))
- 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)
- 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))
- must show the surviving spouse filed a written election to probate the property within 4 months after issuance of letters, IF community/quasi community property is to be distributed outright to the surviving spouse (Prob. Code, § 13502)
Supplement to the Petition. The proposed distribution does not comply with the intestate distribution scheme in the Probate Code. When a decedent’s estate does not pass by a testamentary instrument (by failure of transfer, or omission, etc.), that property passes to the decedent’s heirs as prescribed in Division 6, part 2 of the Probate Code (§§6401, et seq.). (Prob. Code, § 6400.)
If the property in the estate is separate property, that means distribution would be 1/3 to surviving spouse and 2/3 to issue. If community property, entirety to surviving spouse.
If the documents curing these deficiencies are not processed by 8:00 a.m. on May 13, 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).