Estate of Sarah Stelle Eriksen

Case Number

23PR00112

Case Type

Hearing Date / Time

Tue, 04/16/2024 - 09:00

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.  The following issue must be corrected as noted:

Supplement re: “Community Property”.  Petitioner alleged that the estate “consists of a combination of community property.” (Pet., at ¶13.)  This court has no authority under the Probate Code to distribute property that belongs to anyone other than the Decedent. It appears from the initial Petition for Letters of Administration that the Decedent was predeceased by her spouse, which would make this estate all separate property (his community share having passed to her), IF the proper procedures were done to transfer that community property share to Decedent (i.e probate of predeceased spouse’s share).  A supplement is required with allegations explaining whether the predeceased spouse’s share was probated, and why Petitioner believes this estate holds community property.

Supplement re: Mobile Home.  Petitioner alleged a mobile home is on hand for distribution, but only included a vague description of that property, which is insufficient for the Court to rely upon for an order of distribution.  Property descriptions must “list and describe in detail the property to be distributed, in the body of the petition or in an attachment that is incorporated in the petition by reference.”  (CRC, Rule 7.651, subd. (a).)  This includes 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).)

Mobile Homes are not necessarily personal property, especially if affixed to a foundation.  Mobilehomes or manufactured homes more than 40 feet in length or 8½ feet in width and that are transportable in one or more sections can be transferred through the Department of Housing and Community Development. (Veh. Code §387; Hlth. & Saf. Code, §§18007–18008; see Veh. Code, §396.)  Either way, the Court must have more information in the petition than just “mobile home” in order to make a final order of distribution.  Please submit a supplement alleging sufficient facts to describe the mobile home as either a DMV title or real property title.

Proposed Order.  The proposed order is not code compliant, and is likely erroneous due to the errors/issues identified above. Please submit a new proposed order using Local Form SC-6029. The order must list every beneficiary and detail the shares to each, and must expressly state limitations or conditions on distribution.  (Prob. Code, § 11603.)  Please include any changes made necessary by the issues identified above that require supplement.

If the documents curing these deficiencies are not processed by 8:00 a.m. on April 15, 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).