Petition for Appointment of Conservator of Estate
Contra Costa County, the court will not characterize the distribution as final if the personal representative requests more than a nominal reserve. If the entire estate will be distributed to a single beneficiary, such as a trust established during the decedent's lifetime, a reserve may not be necessary. (Cal. Dec. Est. Pract. (CEB 2023), Sec.31.66.)
Accordingly, if the probable tax liability of the estate is so high as to require the requested amount in reserve, it is recommended the Court deem this estate not to be in a condition to be closed. At the very least, the Court should require a final accounting and petition for distribution be set a reasonable time after the last year's tax liability is due.
If the documents curing these deficiencies are not processed by 8:00 a.m. on August 17, 2026, 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).
Tentative Ruling: Conservatorship of Jean Marie Stotts Tentative Ruling: Conservatorship of Jean Marie Stotts Case Number
Case Type Conservatorship Hearing Date / Time Wed, 08/12/2026 - 09:30 Nature of Proceedings Petition for Appointment of Conservator of Estate Tentative Ruling Probate Notes: Appearances required.
The following must be submitted: Proper Proof of Service of Notice of Hearing. There is no Proof of Service showing the Conservatee received personal service of the petition and citation. In a conservatorship proceeding, jurisdiction is obtained through personal service of a citation and a copy of the petition for conservatorship upon the proposed conservatee, 15 days before the hearing. (Prob. Code, Sec. 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.) There is no Proof of Service of the Summons on file.
Further Briefing. Petitioner must file a Memorandum of Points and Authority showing why the Court has authority to grant a conservatorship over the estate under the current circumstances of this case. The memorandum must include discussion of Part 6 of Division 4 of the Probate Code, especially whether this Court has authority to pierce the protections of the conservatee's spouse outlined in sections 3012 and 3051, and whether a conservatorship over the estate can be justified in this case instead of using the procedures outlined in Article 3, Chapter 2 of Part 6 of Division 4 (Sec.Sec.3080 et seq.). Petitioner should at least reference, if not discuss the principles enshrined in, and the history of Article 3 outlined in
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”