Conservatorship of Matthew Alfaro

The Response and Declaration show that the personal representative identified the music rights as a legitimate property and is in the process of marshaling that property. The proposed small estate affidavit procedure may be sufficient for collecting that property in Ms. Massey's estate, but does nothing to remedy the proposed distribution from this estate, which it must flow from first.

Supplement re: Preliminary Distribution. Petitioner alleges at paragraph 28 that preliminary distribution of $55,000 was made. The Court did not approve this distribution, nor was any request made to distribute.

Probate Code section 10520 grants limited authority to personal representatives with IAEA powers to make preliminary distributions without first seeking the approval of the court. IF 1) the time for filing claims has expired, (i.e., 4 months after letters are issued), and 2) it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, then 3) after giving notice of proposed action (Prob C Sec.10510) a personal representative may distribute the following: (a) Income received during administration to the persons entitled under Chapter 8 (commencing with Section 12000) of Part 10. (b) Household furniture and furnishings, motor vehicles, clothing, jewelry, and other tangible articles of a personal nature to the persons entitled to the property under the decedent's will, not to exceed an aggregate fair market value to all persons of fifty thousand dollars ($50,000) computed cumulatively through the date of distribution.

Fair market value shall be determined on the basis of the inventory and appraisal. (c) Cash to general pecuniary devisees entitled to it under the decedent's will, not to exceed ten thousand dollars ($10,000) to any one person. (Prob. Code, Sec.10520.) All other preliminary distributions require prior court authorization via petition and a noticed hearing.

Petitioner must submit supplement explaining what was distributed, and why that property was not listed in the Final Inventory and Appraisal. There is still no supplement on file explaining this issue.

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).

Tentative Ruling: Conservatorship of Matthew Alfaro Tentative Ruling: Conservatorship of Matthew Alfaro Case Number