Tentative Ruling: Estate of George Stephen Cochran
Case Number
23PR00491
Case Type
Hearing Date / Time
Mon, 09/28/2026 - 08:30
Nature of Proceedings
Petition for Final Distribution
Tentative Ruling
Probate Notes:
Appearances required.
The following is noted for the Court at the hearing:
Improper Preliminary Distribution. Petitioner alleges at paragraph 28 that preliminary distribution of $55,000 was made. The Court did not approve this distribution, nor was any request made to distribute.
Probate Code section 10520 grants limited authority to personal representatives with IAEA powers to make preliminary distributions without first seeking the approval of the court. IF 1) the time for filing claims has expired, (i.e., 4 months after letters are issued), and 2) it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, then 3) after giving notice of proposed action (Prob C §10510) a personal representative may distribute the following:
(a) Income received during administration to the persons entitled under Chapter 8 (commencing with Section 12000) of Part 10.
(b) Household furniture and furnishings, motor vehicles, clothing, jewelry, and other tangible articles of a personal nature to the persons entitled to the property under the decedent’s will, not to exceed an aggregate fair market value to all persons of fifty thousand dollars ($50,000) computed cumulatively through the date of distribution. Fair market value shall be determined on the basis of the inventory and appraisal.
(c) Cash to general pecuniary devisees entitled to it under the decedent’s will, not to exceed ten thousand dollars ($10,000) to any one person.
(Prob. Code, §10520.)
All other preliminary distributions require prior court authorization via petition and a noticed hearing.
Missing Property in Inventory and Appraisals. Petitioner alleges at paragraph 28 that preliminary distribution of $55,000 was made to various persons. The property that was distributed is not listed in any of the Inventories and Appraisals filed with the Court. All property marshalled by the personal representative must be marshalled and appraised, then listed in an Inventory and Appraisal filed with the Court. (Prob. Code, §8800.)