Estate of Patrick Anthony Bradley (UPDATED 4/1/24)

Case Number

23PR00031

Case Type

Hearing Date / Time

Tue, 04/02/2024 - 09:00

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.

A supplement filed on March 27, 2024, appears to have been an attempt to submit the missing escrow statements required for review, but does not have that document attached.

Escrow Statement.  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].)  For the statutory requirements of the final report to be met, 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))

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.

If the escrow statement is submitted before the hearing, it will be allowed and the petition will be recommended for approval, barring any issues in the escrow statement.