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24PR00265·santabarbara·Civil·Decedent's Estate
Hearing about 1 month agoCONTINUED (ESTATE NOT IN CONDITION TO CLOSE)

Estate of Conrad Christmann

Petition for Final Distribution

Hearing date
Jul 20, 2026
Department
Prevailing
N/A

Motion type

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Monetary amounts referenced

$10,000$5,000

Parties

OtherConrad Christmann

Ruling

Case Type Conservatorship Hearing Date / Time Mon, 08/10/2026 - 08:30 Nature of Proceedings Court Investigator's Biennial Review Tentative Ruling Probate Notes: No appearances are required.

The court investigator's report has been received and recommends that the conservatorship continue. The next review hearing will be held on August 7, 2028. The Court will give notice of this hearing to all parties.

Tentative Ruling: Estate of Conrad Christmann Tentative Ruling: Estate of Conrad Christmann Case Number

Case Type Decedent's Estate Hearing Date / Time Mon, 07/20/2026 - 08:30 Nature of Proceedings Petition for Final Distribution Tentative Ruling Probate Notes: Appearances required.

The following is noted for the Court at the hearing: High Reserve. Petitioner initially requested $10,000 for a reserve amount, then reduced that request to $5,000. The stated reason for the request is a property tax reassessment. Petitioner admits the amount of the property tax reassessment can be roughly calculated, and professional fees roughly estimated, so there is no need to hold a reserve when those fees can be paid in advance.

The point of an order for Final Distribution is to close out an estate and cease court oversight. A large reserve amount creates a presumption that the estate is not in a condition to be closed, and a second final accounting must be performed to ensure the proper distribution of funds to the heirs/devisees.

The following is from a well-respected treatise on this issue: Although not required, it is advisable to include an estimate of closing expenses. Examples of estimated closing expenses include any estate taxes, interest, and penalties that will be paid after distribution; the cost of preparing final income tax returns for the estate; the cost of transferring securities to the distributees; the cost of reasonable storage, delivery, and shipping for distribution of tangible personal property to the distributees; and the cost of certifying and recording copies of the decree of distribution of real property. See Prob C Sec.Sec.11642, 11750, 11753-11754.

Some courts require more detailed information about the nature and amount of the anticipated closing expenses. See, e.g., San Francisco Ct R 14.35(I)(3). The personal representative may also wish to retain funds for any undisclosed or unknown liabilities, especially tax deficiencies later assessed against the decedent or the estate.

Apart from the reserve for estate taxes, there are some drawbacks to setting the reserve aside specifically for possible future tax deficiencies. Such action indicates--especially if the reserve is a substantial one--misgivings about the validity of the estate's position. The reserve might also be considered a trust fund for payment of the taxes, thus extending the statutory period for

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