Estate of Izedorio

California Court of Appeal Aug 31, 1929 No. Docket No. 6862.Published

Before: Deasy

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Holding. The proceeds from a probate sale of homestead property, remaining after the payment of funeral expenses and administration costs, retain their character as exempt homestead property and must be distributed to the heirs rather than to general creditors.

Issues

Does the homestead exemption extend to the proceeds of a probate sale of homestead property after payment of funeral and administration expenses?
Did the heirs waive their homestead rights by failing to object to the probate sale of the property?

Disposition. affirmed

Quotations verified verbatim against the opinion

“after the funeral expenses and the expenses of administration have been paid out of the proceeds of the sale of a homestead, the balance, of funds in the hands of the administratrix should be considered, not as personal, but as real property”

“The purpose of the homestead exemption is to protect the “family,” or the “heirs” of the declarant”

DEASY, J.,

pro

tem.

On the thirtieth day of October, 1909, Antonio Izedorio, resided with his wife and family in a dwelling-house situated upon a piece of real property in the city of Hayward. The property was community property, and on said date said Antonio Izedorio duly executed a declaration of homestead thereon, which was thereafter duly recorded in the office of the recorder of Alameda County, California. No abandonment of said homestead was ever made or recorded, and said -real property belonged to said Antonio Izedorio and his wife as a homestead until her death, some time in 1925. Upon his wife’s death said Antonio Izedorio became the successor to the homestead and the sole owner of the property. By appropriate proceedings the title was declared vested in him by the Superior Court, such proceedings having taken place after his death.

On the sixth day of December, 1927, said Antonio Izedorio died intestate, leaving as his heirs at law five children, all of whom were over the age of twenty-one years. The only estate left by said decedent was the piece of property above referred to.

On the twenty-third day of January, 1928, after due proceedings, one of his daughters, Anna I. Silva, was appointed administratrix of the estate of said decedent by order of the Superior Court of the county of Alameda, and thereafter she duly qualified and is still such administratrix. She caused notice to creditors to be given as required by law, and the following claims were presented and were allowed by the administratrix and by the court:

P. F. Kearny, M. D., services in last illness.......$ 110.00

Manuel B. Silva, for care of deceased............ 1,080.00

Manuel B. Silva, board and lodging.............. 300.00

Mary Correia, services as nurse.................. 60.00

Lottie Vieira, services as nurse.................. 12.00

Sorenson Bros., funeral expenses................. 285.70

Bev. J. Viladomat, funeral services............... 25.50

Making a total of..................$1,873.20

The administratrix received no money or personal property belonging to said estate, and in order to pay the

Estate of Izedorio

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DEASY, J.,

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