Third Amended Waiver of Account and Report of Administrator and Petition for Final Distribution
CASE NUMBER: 23PB-0032059 This matter is on calendar for hearing on the Third Amended Waiver of Account and Report of Administrator and Petition for Final Distribution. The matter has been properly noticed with proof of service on file. No objections have been raised. The Petition fails to address the issues raised on April 27, 2026.
The Petition states that Robin, Jeffrey, and Jenise are the people entitled to distribution of the estate; however, Jeffery and Jenise previously filed disclaimers. The legal effect of a disclaimer is that the heir is treated as if they pre-deceased the decedent. Probate Code Section 282. The intestate heirs of Jeffrey and Jenise are entitled to notice and distribution.
The Court notes the Petition states distribution should be made to Robin and Olivia. However, the intestate heirs of Jeffrey and Jenise have still not been identified therefore it is unclear whether the proposed distribution comports with the laws of intestate succession. The requirement of an accounting has not been properly waived.
The Court notes a, objection and declaration were filed by Olivia Sullivan on June 15, 2026, which includes an email that Ms. Sullivan is not waiving the requirement of an accounting and identifies that the Personal Representative/beneficiary has been occupying the estate residence, thus additional information is required regarding whether the estate has been compensation for the fair rental value during the occupation. The Petition has not been verified as required by California Rule of Court 7.103.
The matter is continued to Monday, July 27, 2026, at 2:30 p.m. in Department 44 for further proceedings regarding the Petition for Final Distribution and Order to Show Cause. A fourth amended Petition is required to be filed to address the issues raised above. Petitioner is required to file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the fourth amended Petition, on all parties entitled to notice. No appearance is necessary on today’s calendar.
ESTATE OF PATRICK ARMITAGE
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