Estate of Richard Dennis Hall

Case Number

24PR00395

Case Type

Hearing Date / Time

Wed, 06/25/2025 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.

The following must be submitted:

Verification of Petition.  Petition must be verified by Petitioner (Prob. Code, § 1021).

Final Inventory and Appraisal – The Final Inventory and Appraisal was superseded by a “Corrected” Inventory and Appraisal on April 14, 2025.  The corrected Inventory and Appraisal deleted several items of property that were listed in the Final Inventory and Appraisal, without explanation.  It appears the Corrected 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.)

Therefore, it is recommended the Court order the Petitioner to file an Amended Inventory and Appraisal that contains all items of property held by the estate.

Supplement to the Petition.  The following defects 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:

Proposed Order.  The proposed order submitted does not contain statutory and Rule of Court requirements for findings and orders by the Court.  A new proposed order must be submitted on Local Form SC-6029.  The new proposed order must contain relief that exactly matches that requested in the petition. (Local Rule 1724(b), subd.(d).)  The Order must list every beneficiary and detail the shares to each, and must expressly state limitations or conditions on distribution.  (Prob. Code, § 11603.) 

If the documents curing these deficiencies are not processed by 8:00 a.m. on June 23, 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