Estate of Dunmore CA3

California Court of Appeal Jun 16, 2014 No. C072354Unpublished

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Holding. The court held that an order granting a petition for determination of entitlement to estate distribution is nonappealable when it expressly reserves the determination of the specific amount of the claim for future judicial action.

Issues

Whether an order granting a petition for determination of entitlement to estate distribution is a final, appealable order when the amount of the claim remains to be determined.

Disposition. dismissed

Quotations verified verbatim against the opinion

“The probate court order in this case is interlocutory because it expressly reserves the issue of the amount to which PremierWest is entitled for future determination.”

“Future judicial action is necessary to determine the extent of PremierWest’s entitlement to the decedent’s estate.”

“Consequently, the appeal from the interlocutory order determining PremierWest to be entitled to an undetermined amount for its claim against decedent’s estate must be dismissed.”

Filed 6/16/14 Estate of Dunmore CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ----

Estate of GEORGE P. DUNMORE, Deceased.

PREMIERWEST BANK,

Petitioner and Respondent, C072354

STEVEN G. DUNMORE, as Personal Representative, (Super. Ct. No. SPR4957) etc.,

Objector and Appellant.

After the personal representative of the estate of George P. Dunmore rejected a claim for repayment of a commercial mortgage, PremierWest Bank (PremierWest) filed a “petition for determination of entitlement to estate distribution” under Probate Code section 11700.1 The trial court issued an order granting the petition and reserving the question of “the amount of distribution of assets of the estate” owed to PremierWest as an issue “to be determined at a later date.” The personal representative appeals from the trial court’s order. PremierWest argues the order is interlocutory in nature and thus nonappealable. We agree and dismiss the appeal.

1 Undesignated statutory references are to the Probate Code.

BACKGROUND Dunmore died testate in October 2007. PremierWest filed a creditor’s claim as successor in interest to a commercial loan for more than $6 million that was claimed to be owed by decedent. The estate’s personal representative did not accept nor reject the claim. PremierWest then amended its creditor’s claim to reduce the obligation to $4,530,122.78. In March 2011, the personal representative filed a first and final report for status of administration and petition for order of final distribution. Although the first and final report allowed PremierWest’s claim, the personal representative thereafter rejected the claim. In response, PremierWest filed a petition for determination of entitlement to estate distribution. The personal representative opposed the petition. The probate court heard the matter and granted the petition as follows: “IT IS HEREBY ORDERED that the Petition is GRANTED. “IT IS FURTHER ORDERED that the amount of distribution of assets of the estate to [PremierWest] is to be determined at a later date.” From this order, the personal representative appeals.

Estate of Dunmore CA3

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PREMIERWEST BANK,

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