Estate of John Gary Sinclair (UPDATED 3/18/24)
Estate of John Gary Sinclair (UPDATED 3/18/24)
Case Number
23PR00115
Case Type
Hearing Date / Time
Tue, 03/19/2024 - 09:00
Nature of Proceedings
Petition for Final Distribution
Tentative Ruling
Probate Notes:
Appearances required. The following must be submitted:
Escrow Statement from Sale of Real Property. 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].) 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))
Thus, 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.
The supplement submitted on March 11th did not have the escrow statement attached.
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).