Estate of Betty Shearin Brown

Case Number

25PR00085

Case Type

Hearing Date / Time

Wed, 10/01/2025 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

The following must be submitted:

Supplement to the Petition re: Distribution. The proposed distribution differs from the distribution ordered by Decedent’s Last Will and Testament. Specifically, there are several items of property mentioned in the will that are missing from the Final Inventory and Appraisal, and are not part of the assets on hand for distribution at paragraph 29 of the Petition. 

A supplement is required to explain why distribution is different and must be accompanied by Points and Authorities explaining how this court has authority to make a distribution different from the will.  The supplement should specifically address the properties named in the will that were to be specific gifts to named individuals, whether those gifts adeemed, and why the real property in the estate is being distributed to Julia Lemon instead of Jami-Ann Graham.

There is a purported assignment by Jami-Ann Graham to Julia Lemon, but that assignment appears grossly unreasonable pursuant to Probate Code section 11604. Supplement should show cause as to why the assignment should not be considered grossly unreasonable.

Accounting or Waivers.  EVERY person entitled to distribution from the estate must 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 Sindi Lynn Mitchell.

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.

Amended Proposed Order.  A proposed order must be submitted with relief that matches the proper relief that should have been 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.)  The proposed order does not contain a proper proposed distribution of the residue of the estate, thus must be amended and resubmitted.

If the documents curing these deficiencies are not processed by 8:00 a.m. on September 29, 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).