Estate of Margaret Allen Kisner

Case Number

25PR00031

Case Type

Hearing Date / Time

Mon, 12/08/2025 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

The following must be submitted:

Notice to Franchise Tax Board.  Notice MUST have been given to the Franchise Tax Board not later than 90 days after the date letters are first issued. (Prob. Code, § 9202, subd. (c)(1).)  This notice is MANDATORY.

Notice to Relevant State Entities.  Notice of the petition must be served to any of the following state entities, if relevant:

• Employment Development Department - If decedent owed unemployment insurance, notice must have been given to the Employment Development Department (Unemp. Ins. Code, § 1090)
• Department of State Hospitals - If decedent, or his spouse, father, mother, or child, has been a patient in a state hospital preceding the date of decedent's death, notice must have been given to the Department of State Hospitals (Welf. & Inst. Code, § 7277.1)
• Attorney General - If estate may involve a devise to a charitable trust without a designated trustee, or a devise for charitable purposes without an identified devisee, notice must be served on the Attorney General (Prob. Code, § 8111)

Supplement to the Petition.  Petitioner expressly clams a devisee in Decedent’s will predeceased decedent, without providing any proof of death.  Proof of Death of Robert Joseph Vidmar must be submitted.  (Death certificate, obituary, etc.)  Otherwise, the proposed distribution cannot be ordered, and will be altered to include $50,000 to the estate of Robert Joseph Vidmar.

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 for Robert Joseph Vidmar.  If proved he is deceased, no waiver will be required.

Amended Petition using Local Form.  The petition is missing requisite allegations that must be included to meet the Final Report requirements of California Rules of Court, Rules7.550, et seq.  Petitioner must amend the Petition using Local Form SC-6028, and re-serve the petition pursuant to Rule 7.53.  Proof of Service must be filed on DE-120.

New Proposed Order.  A proposed order must be submitted with relief that matches that requested in the petition (Local Rule 1724(b), subd.(d)) and contains the proper language outlined in the Probate Code at Part 10 of Division 7, so the court can make the requisite findings and orders required to close out the estate and order final distribution.

The proposed order does not meet the requirements of Part 10, thus the use of Local Form SC-6029 is required. 

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).