Estate of David Charles Respecke

Case Number

24PR00153

Case Type

Hearing Date / Time

Wed, 01/21/2026 - 09:30

Nature of Proceedings

Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.

The hearing is recommended for continuance due to the defects listed here.

The following must be submitted or corrected before the next hearing:

Final Inventory and Appraisal – There were five Inventories and Appraisals filed in this case:

• Sept. 4, 2024 – Final Inventory and Appraisal
• Nov. 12, 2024 - Inventory and Appraisal – Supplemental
• Dec. 23, 2024 - Inventory and Appraisal – Supplemental
• Jan. 24, 2025 - Inventory and Appraisal – Supplemental
• Feb. 13, 2025 - Inventory and Appraisal – Corrected

Not only are the supplemental Inventory and Appraisals filed on December 23, 2024, and January 24, 2025, duplicates, but the corrected Inventory and Appraisal filed on February 13, 2025, does not properly correct the Final Inventory and Appraisal it amends, leaving nearly one million dollars unaccounted for.

Therefore, the Final Inventory and Appraisal does not meet the requirements outlined in the Probate Code.  All Inventory and Appraisals filed with the court must comply with the following requirements:

• Inventory and appraisal must be in a single document, and filed within 4 months after letters are first issued. (Prob. Code, § 8800.)
• Contain certification that Change in Ownership Statement was filed with county recorder or assessor, unless decedent owned no real property (Prob. Code, 8800, subd. (d)) (i.e. Petitioner must file the appropriate notice indicated in Paragraph 5b, and check that box.)
• Separately list each item of property to be administered, and states opposite of that item, its fair market value (valued at time of death) in monetary terms (Prob. Code, § 8802.)
• Contains all items listed in Probate Code section 8850 (money owed, bonds, interest in partnership, mortages, deeds of trust, etc. and nature of the property [community, quasi-community, or separate])
• Includes appraisal of money, checks for wages and refunds, and accounts by the personal representative.  Funds at financial institutions, CDs, money market mutual funds (def. in Prob. Code, § 9730), brokerage accounts, and all forms of securities (§ 8901) must be done by the Probate Referee, not the personal representative. (§ 8902.)

As a result of the confusion created by the erroneous filings listed above, Petitioner must file a new Inventory and Appraisal, label that new Inventory and Appraisal “First Amended Final Inventory and Appraisal Corrected,” and include all property now known to the estate and marshalled in one document.  The document should bear an attachment describing why it was filed, and contain a correct inventory of all marshalled assets and their appraised values, totaled correctly.

It is recommended the Court strike all previously filed Inventory and Appraisals as having not been filed in conformance with California Law pursuant to CCP section 436(b).

Amended Accounting.  The issues with the current accounting will not be noted at this time, due to the need for the amended Inventory and Appraisal noted above.  However, the Accounting must be amended to conform to the figures in the First Amended Final Inventory and Appraisal – Corrected that will be submitted.  The amount on hand at the beginning of the account should match the total of the First Amended Final Inventory and Appraisal – Corrected when filed. The amount in that First Amended Final Inventory and Appraisal – Corrected should be the sum total of property owned by the decedent at the date of death, whether or not marshalled by the Personal Representative at a latter date.

The final account must contain all items listed in Probate Code section 1061:

• (1) The property on hand at the beginning of the period covered by the account, which shall be the value of the property initially received by the fiduciary if this is the first account, and shall be the property on hand at the end of the prior account if this is a subsequent account.
• (2) The value of any assets received during the period of the accounting which are not assets on hand as of the commencement of the administration of an estate.
• The amount of any receipts of income or principal, excluding items listed under paragraphs (1) and (2) or receipts from a trade or business.
• Net income from a trade or business.
• Gains on sales.
• The amount of disbursements, excluding disbursements for a trade or business or distributions.
• Loss on sales.
• Net loss from trade or business.
• Distributions to beneficiaries.
• Property on hand at the end of the accounting period, stated at its carry value.

Amended Petition Using Local Form SC-6028.  Due to several defects in the pleading that are either missing or erroneously pleaded, and due to the need to amend the accounting, Petitioner must use Local Form SC-6028 to amend the petition.  That form will ensure code compliant filing to satisfy the final report requirements of the Probate Code (Prob. Code, § 10954(c)(1)), and the California Rules of Court (Rule 7.550).

Statutory Fee Recalculation in amended petition.  The Statutory Fee in this case is miscalculated, because it does not take the correct total from the estate value as of the date of death of the decedent.  This calculation should be re-calculated in the amended petition.

The formula for calculation of statutory compensation is set out in Probate Code §10800(a). Compensation is 4 percent on the first $100,000, 3 percent on the next $100,000, 2 percent on the next $800,000, 1 percent on the next $9 million, one-half of 1 percent on the next $15 million, and a reasonable amount to be determined by the court on amounts greater than $25 million.

Extraordinary Fees.  If extraordinary compensation is requested for the personal representative or attorney in Prayer, allegations must contain enough facts for the Court to exercise discretion pursuant to Probate Code section 10811 and CRC, Rule 7.703. This authority mandates detailed billing documentation containing adequate descriptions of work performed, the time spent on that work, the rate billed for that work, and the amount charged for the work performed. 

PLEASE NOTE: The extraordinary fees in this case appear to be related solely to document review of sales documents related to the sale of a mobile home.  This is not normally considered extraordinary fees by this court, and without further facts outlining out-of-the-ordinary “legal work” related to that sale, will not be recommended for approval.

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 dollar value of the shares to each, and must expressly state limitations or conditions on distribution.  (Prob. Code, § 11603.)  Due to the need to amend the petition using Local Form SC-6028, Petitioner must also use Local Form SC-6029 for the proposed order.

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).

Appearances:

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

Meeting ID: 161 956 1423

Passcode: 137305