Estate of Debert David Wise
Estate of Debert David Wise
Case Number
24PR00113
Case Type
Hearing Date / Time
Mon, 03/24/2025 - 08:30
Nature of Proceedings
Review Hearing: Final Distribution
Tentative Ruling
Probate Notes:
Appearances required.
The following defects must be corrected before the petition can move forward:
Sufficient time for Franchise Tax Board to respond. Notice must have been given not later than 90 days after the date letters are first issued. (Prob. Code, § 9202, subd. (c)(1).)
Since notice was just served on February 11, 2025, the CFTB has not had sufficient time to file a claim for any taxes owed from the estate, making the estate “not in a condition to be closed.”
Supplement re: Final Inventory and Appraisal – There are now three different Inventory and Appraisals on file that are marked “Final.” The first was filed on June 5, 2024, and does not comply with Probate Code requirements, because it was not signed by the Probate Referee, and contains several line items that are nonsense or not valued. The second Inventory and Appraisal was labeled “corrected,” and also was not signed by the Probate Referee, contained erroneous or inappropriate entries, and attempted to account for losses. The last was filed on February 28, 2025, and does not indicate whether the Inventory and Appraisal is corrected, supplemental, or amended.
Petitioner must file a supplement explaining whether the last-in-time filed Inventory and Appraisal (2/28/2025) is meant to be the only Inventory and Appraisal considered by the Court to define the contents and value of the estate.
Supplement re: Allegations in the Petition. The following defects in the allegations in the petition require a supplement to the petition in order to comply with the relevant code section cited, or give the Court the necessary information to adjudicate the ability of the estate to be closed:
- Clarification of Paragraph 13. Paragraph 13 alleges that there was only one Inventory and Appraisal filed, that Inventory and Appraisal was final, and the amount appraised for the inventory was $97,219.86. Contrary to that allegation, there were two Inventory and Appraisals filed, the last in time being labeled “corrected” and valued at $97,219.86.
- Proposed Distribution. The proposed distribution does not comply with the intestate distribution scheme in the Probate Code. When a decedent’s estate does not pass by a testamentary instrument (by failure of transfer, or omission, etc.), that property passes to the decedent’s heirs as prescribed in Division 6, part 2 of the Probate Code (§§6401, et seq.). (Prob. Code, § 6400.)
- The Decedent died in 2020 leaving a surviving spouse and daughter. Decedent’s surviving spouse died three years later. Therefore, according to the intestate scheme of the state of California, the distribution of this estate should be distributed completely to the surviving spouse’s estate. If there is a spouse, 1/2 of community property passes to that person. Thus, a living spouse is held to own all community property, since 1/2 of the community property passes to that spouse, and 1/2 of the community property is owned by that spouse. (Prob. Code, §§ 6401(a), 100.) The same is true for quasi-community property. (Prob. Code, §§ 6401(b), 101.)
Amended Proposed Order. When the above defects are corrected, an amended proposed order must be filed that matches relief 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.)
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).
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