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Estate of Rayford Landon Jackson

Case Number

24PR00291

Case Type

Decedent's Estate

Hearing Date / Time

Wed, 09/24/2025 - 08:30

Nature of Proceedings

Final Distribution

Tentative Ruling

Probate Notes:

The following must be submitted:

Corrected Final Inventory and Appraisal – There are two Inventories and Appraisals on file with the Court.  The last in time-filed Inventory and Appraisal appears to be erroneous and unnecessary, thus does not meet the requirements outlined in the Probate Code.  The Inventory and Appraisal marked “Final” and filed on July 31, 2025, appears to inventory the cash proceeds from the sale of real property that was listed in the first in time-filed Inventory and Appraisal.  This is merely a change in the form of assets, not a new item of property that needs to be inventoried.

Allowing consideration of the last in time-filed Inventory and Appraisal would violate the rule of valuing the decedent’s estate as of the date of death.  This is because title vests at date of death in the person to whom it is devised or inherited.  (In re Estate of Meyer (1951) 107 Cal.App.2d 799, 810 [“The estate vests in the heir eo instante upon the death of the ancestor; and no act of his is required to perfect title. The estate is cast on the heir by operation of law without regard to his wishes or election. No assent or acceptance is necessary. He cannot, by any act, cause the estate to remain in the ancestor, for the latter is incapable of holding it after his death. He cannot, by any renunciation or disclaimer, prevent the passage of title to himself.”].)

Therefore, Petitioner must submit a “Corrected” Final Inventory and Appraisal listing all property owned by the estate on the date of death.

Amendment to Correct Ambiguous Allegation in the Petition.  The following defects require the petition to be amended and reserved pursuant to CRC, Rule 7.53:

  • Paragraph 17 alleges that Petitioner took no action without prior court approval under the IAEA for which notice of proposed action was filed.  But the Inventory and Appraisals on file show there was real property owned by the estate that was sold during administration.  The paragraph should be clarified via amendment because it is a material change to an allegation.
  • Paragraph 12 of the Petition alleges the estate is in a condition to be closed, and that Petitioner does not request reimbursement from the estate for filing fees, etc, but then alleges in paragraph 12c that reimbursements are requested, and alleges in paragraph 18 that there are claims that were allowed but unpaid.  Amendment should correct the ambiguities.

An estate that owes debts and is solvent enough to pay them is not in a condition to be closed.

Supplement to the Petition. 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.)

Specifically problematic in this case is that the Decedent died owning real property and was pre-deceased by a spouse by not more than 15 years.  Pursuant to Probate Code section 6402.5, that pre-deceased spouse’s heirs are entitled to take the pre-deceased spouse’s community property share of the estate.

Amendment to the petition must list the heirs of pre-deceased spouse, give them notice, and amend the petition in a manner that distributes the Decedent’s pre-deceased spouses share of the estate to those heirs.

Accounting or Waivers.  Each person entitled to distribution from the estate may waive a final account by 1) filing a written waiver of account (Prob. Code, § 10954, subd. (a)(1)); OR by filing 2) proof of adequate provision for satisfaction in full of the person’s interest (Id., subd. (a)(2)). No such document was filed.

The final account must be submitted, if not waived. (Prob. Code, § 10951.)  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, the ward or conservatee.
  • Property on hand at the end of the accounting period, stated at its carry value.

Supplement re: Escrow Statement.  Real property was sold, but no Escrow Statement is on file.  The escrow statement is a requisite 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):

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))
  • assets on hand (CRC, Rule 7.550(b)(4))
  • 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.

Amended 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 September 22, 2025, 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

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