Estate of Barry G Hoerig
Estate of Barry G Hoerig
Case Number
23PR00221
Case Type
Hearing Date / Time
Wed, 10/02/2024 - 08:30
Nature of Proceedings
Petition for Final Distribution
Tentative Ruling
Probate Notes:
The following must be submitted:
Escrow Statements for Real Property Sales. A “final report of administration” must be filed at the same time a final account would be required. (Prob. Code, § 10954(c)(1).) In order for the Petition to comply with the requirements for a Final Report, the Petition must contain the following:
Allegations of all 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))
- 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.
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.) IF whereabouts of a distributee are unknown, the Proposed Order must provide for alternate distributes, and detail the share to which they are entitled per PC § 11603(c). It is highly recommended petitioner use Local Form SC-6029. No such document was filed with the court.
If the documents curing these deficiencies are not processed by 8:00 a.m. on October 1, 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).