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Please see DMV warning about fraudulent texts: https://www.dmv.ca.gov/portal/news-and-media/dmv-warns-of-fraudulent-te…

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Estate of Gary E Stanley

Case Number

23PR00289

Case Type

Decedent's Estate

Hearing Date / Time

Mon, 03/24/2025 - 08:30

Nature of Proceedings

Petition of Termination

Tentative Ruling

Probate Notes:

Probate Code section 12251, subdivision (a) grants authority to a probate court to terminate administration of an estate when it is discovered that the estate contains no property:

At any time after appointment of a personal representative and whether or not letters have been issued, if it appears there is no property of any kind belonging to the estate and subject to administration, the personal representative may petition for the termination of further proceedings and for discharge of the personal representative. The petition shall state the facts required by this subdivision.

(Ibid.)

The only inquiry the Court must perform is to determine if the petition for termination contains sufficient facts to find the estate has no assets, and whether the facts stated in the petition are true:

If it appears to the satisfaction of the court on the hearing that the facts stated in the petition are true, the court shall make an order terminating the proceeding and discharging the personal representative.

(Id. at subd. (c).)

IN THIS CASE, Petitioner does not clearly allege there are no assets in the estate of any kind. Instead, Petitioner alleges the following:

The value of all of the Decedent's property not held in a revocable living trust, joint tenancy or payable on death is less than $166,250 and the property is subject to an affidavit or declaration under Probate Code §13100.Since being appointed Personal Representative, Petitioner has attempted to inventory the assets of Decedent. Despite numerous requests of Decedent's spouse, [redacted] has refused entry to the family residence and to disclose certain information.

 

(Pet. at p. 2.)

This allegation at least impliedly admits the existence of some property in the estate, but opines that whatever that property is, it is below the $166,250 threshold and therefore not subject to administration.  This is problematic for the following reasons:

  1. There is no allegation that the Personal representative actually distributed any property via small estate affidavit procedure outlined in Probate Code section 13100.  (Once administration is open, the affiant would have to state that PR agreed to use of the affidavit; Prob. Code, § 13101(a)(4)(B).)
  1. A surviving spouse is entitled to all property the surviving spouse succeeds to, notwithstanding administration.  Surviving spouses must elect to permit administration of property they are entitled to receive.  (Prob. Code, § 13502(a)(1). )  The election is due within 4 months after issuance of letters.  (Id. at (b).)  There is no allegation that spouse of Decedent made such an election.
  1. Spouse apparently refuses to participate in the process to inventory the estate.  A spouse does not have to voluntarily participate in the administration of the deceased spouse’s estate.  However, on petition, the court may cite spouse to appear to answer interrogatories or be examined under oath (or both) concerning assets. (Prob. Code, § 8870 et seq.)  The spouse can also be made to account.  (Prob. Code, § 8873.)  Failure to comply with the citation is punishable contempt.

EVEN AFTER SUPPLEMENTAL DECLARATION FILED ON March 14, 2025, this has not changed. There is no declaration that "there is no property of any kind belonging to the estate."

As a result of the above issues, it is recommended the Court either deny the petition, or allow the petitioner to amend the petition to include all efforts made to marshal and/or identify the property in the estate.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 797 5412

Passcode: 8749009

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