Matter of The Arlen K Bean Family Trust Agreement

Case Number

25PR00639

Case Type

Hearing Date / Time

Mon, 02/09/2026 - 08:30

Nature of Proceedings

Petition to Approve Accounting

Tentative Ruling

Probate Notes:

Appearances required. 

After review of the Declaration filed on February 2, 2026, the following is noted for the Court:

Declaration was not served.  The Declaration of Brett Locker was not served, since the proof of service attached to the Declaration is unexecuted. Further, this is Probate Court, not civil court. In Probate Court there are mandatory parties must use to show Proof of Service of the Notice of Hearing to all persons entitled to notice. In this case, DE-120 must be used, yet Petitioner and attorneys for same have consistently failed to use that form for all documents served in this case. This is sanctionable conduct. (CRC, Rules 2.30, 7.2, 7.101-104.)

Proof of Service of Petition (Form DE-120)  There is no proof of service on file to any of the beneficiaries named in the trust.  “At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons: (1) All trustees. (2) All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3. (3) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.” (Prob. Code, § 17203.)

Summary of Account and Supporting Schedules.  The accounting, as submitted, does not comply with the formatting and organization requirements of Probate Code sections 1060 et seq.  Please reformat the accounting, following Probate Code sections 1060 et seq. and the organizational guidance in the Fiduciary Accounting Handbook published by CEB.

The court can waive this requirement if all interested parties consent to the petition.

Unsubstantiated trustee and attorney fees.  Both trustee and attorney for trustee claim massive amounts of fees for the accounting periods, NONE of which are substantiated by billing statements that provide the requisite information required by CRC, Rule 7.776. “[I]f the trust instrument provides for the trustee’s compensation, the trustee is entitled to be compensated in accordance with the trust instrument.  (Prob. Code, § 15680.) “If the trust instrument does not specify the trustee’s compensation, the trustee is entitled to reasonable compensation under the circumstances.” (Prob. Code, § 15681.) The appropriateness of the trustee fees are tempered by Rules of Court, Rule 7.776, which contains factors the Court must look to in order to determine the reasonableness of the request.

Trustee fee awards are analyzed pursuant to the factors listed in CRC, Rule 7.776.  As such, trustees must submit documentation of the hours spent, nature of work performed, rate charged, etc.