Waiver of Account and Petition for Final Distribution
CASE NUMBER: 25PB-0032783 This matter is on calendar for hearing on a Waiver of Account and Petition for Final Distribution. The matter has been properly noticed with proof of service on file. The Court notes a satisfaction and release was filed by Fifth Third Bank on February 13, 2026, regarding their creditor’s claim filed April 7, 2025. No acceptance of rejection of creditor’s claim has been filed for the creditor’s claim filed April 1, 2025, by Wells Fargo Bank, NA, or the creditor’s claim filed August 19, 2025, by AscensionPoint Recovery Services, LLC on behalf of Citibank, N.A. as required by Probate Code Section 9250.
Item 8 of the Petition states that Notice to the Franchise Tax Board was not required. Probate Code Section 9202(c) states that “[n]ot later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Franchise Tax Board notice of the administration of the estate.” Notice to the Franchise Tax Board is not an optional requirement. Item 17 of the Petition incorrectly states that the sole heir’s interest in the 2020 Honda UT was disclaimed.
An assignment was filed on May 12, 2026, assigning her interest in the vehicle to Eric Walund. An assignment and disclaimer are two separate ways of giving up an interest in probate.
The Court notes the matter is set for hearing on June 29, 2026, regarding Status of Administration and an Order to Show Cause issued to the Personal Representative for failure to timely close the estate administration. In light of the Petition for Final Distribution, the Court will VACATE the Order to Show Cause and hearing for Status of Administration. The matter is continued to Monday, October 19, 2026, at 2:30 p.m. in Department 44 for further proceedings regarding the Waiver of Account and Petition for Final Distribution.
An acceptance or rejection of creditor’s claim is required to be filed regarding each outstanding creditor’s claim. An amended Petition is required to be filed to address notice to the Franchise Tax Board. A new Notice of Hearing is required to be filed and served for the continued hearing date, along with a copy of the amended Petition, on all parties entitled to notice. No appearance is necessary on today’s calendar.
ESTATE OF PATRICIA WEAVER
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