Estate of Jenna Causby
Estate of Jenna Causby
Case Number
22PR00581
Case Type
Hearing Date / Time
Tue, 01/09/2024 - 09:00
Nature of Proceedings
Petition for Final Distribution
Tentative Ruling
Probate Notes:
Appearances required. The following will be addressed at the hearing:
Proper Petition to Approve Disclaimer. The proposed distribution differs from distribution required by the law of intestacy. As the Petitioner acknowledges, ½ of the Estate of Richard Causby should be distributed to this estate, because the Decedent is a post-deceased daughter of Richard Causby.
In an effort to disclaim the ½ interest, the personal representative filed a document titled “Disclaimer of Entire Interest In Estate of Richard Brian Causby…” This document was not filed in conformity with California Law, because a personal representative of a decedent’s estate may not disclaim an interest owned by the decedent, unless approval to do so is first sought by the Court via notice petition. (Prob. Code, §277(c)-(e).)
Thus, the Court should strike the disclaimer filed on November 27, 2023, pursuant to CCP 436(b), as not being filed in conformity with the laws of this state. Brandy Twomey may petition for approval of the disclaimer pursuant to Probate Code section 277(c)-(e) thereafter.
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.)
As a result of the issues above, the proposed order does not accurately reflect the correct distribution. No action on the proposed order will be required if a petition for approval of disclaimer is sought and approved by the court.
Because the Court cannot order distribution as currently requested until a petition for approval of disclaimer is filed, 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.
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