| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Petition for Final Distribution
Case Number
Case Type Decedent's Estate Hearing Date / Time Mon, 05/04/2026 - 08:30 Nature of Proceedings Petition for Final Distribution Tentative Ruling Probate Notes: Appearances required.
Taking into account the "Response" filed on April 20, 2026, and the Declaration filed on April 24, 2026, the following defects persist and must be remedied before the petition may be granted:
Amended Final Inventory and Appraisal - The Final Inventory and Appraisal still does not meet the requirements outlined in the Probate Code. There was no attempt to remedy this defect from the last hearing. The issue specifically is as follows: Contain certification that Change in Ownership Statement was filed with county recorder or assessor, unless decedent owned no real property (Prob. Code, 8800, subd. (d)) (i.e. Petitioner must file the appropriate notice indicated in Paragraph 5b, and check that box.) This defect may be remedied via Verified Supplement attesting to the compliance of Change in Ownership Statement with the County Recorder.
Amendment to the Petition re: Actions under IAEA. Petitioner alleges at paragraph 17 that Petitioner did not take any action under the IAEA without prior court approval, but then admits at paragraph 29 that the only item of property in the Inventory and Appraisal (a home) was sold, and there is no record that Petitioner sought court confirmation of that sale. An amendment to the petition giving the requisite information was required before the last hearing. No amendment is on file.
Amendment to the Petition re: proposed distribution. The proposed distribution differs from the distribution ordered by Decedent's Last Will and Testament. Specifically, there is no request to distribute the residue of Decedent's estate to Michelle Lynn Massey, nor any indication that the music rights indicated in the Last Will and Testament of Decedent have lapsed or adeemed. 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: Escrow Statement. Escrow Statement is still not on file, nor was filed with the Response or Declaration. Because real property was sold, an Escrow Statement must be filed The escrow statement is a requisite filing to satisfy the final report requirements of the Probate Code (Prob. Code, Sec. 10954(c)(1)), and the California Rules of Court (Rule 7.550): Allegations of all actions taken under IAEA, including: sales, purchases, or exchanges of assets (CRC, Rule 7.550(b)(2)) changes in the form of assets (CRC, Rule 7.550(b)(3)) assets on hand (CRC, Rule 7.550(b)(4)) a list of costs of administration, IF reimbursement of administration costs is requested (CRC, Rule 7.550(b)(7)) a list of the amount of any fees or commissions paid or to be paid (CRC, Rule 7.550(b)(8)), and the calculation of such fees or commissions as described in CRC, Rule 7.705(b) (CRC, Rule 7.550(b)(9)) The requirements of Rule 7.550(b) mandate an escrow statement for any sale of real property must be submitted in support of the final report.
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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 Bryan Matthew Desjardins Tentative Ruling: Conservatorship of Bryan Matthew Desjardins