ESTATE OF PATRICK MCDANIEL

CASE NUMBER: 25PB-0032921

This matter is on calendar for hearing on an Order to Show Cause re: Monetary Sanctions issued to the Personal Representative for failure to timely file the Inventory and Appraisal and failure to file a Status Report. A response to the Order to Show Cause and the Final Inventory and Appraisal have been filed. The Final Inventory and Appraisal field on June 18, 2026, is accepted by the Court despite that the Inventory and Appraisal fails to identify whether the property was separate of community property. The Petition states the decedent was unmarried, therefore the defect may be overlooked. Considering the response and Inventory and Appraisal, the Court will VACATE the Order to Show Cause and will not impose sanctions.

This matter is also on calendar for hearing on a Petition for Final Distribution and Waiver of Accounting. The matter has not been properly noticed. There is no proof of service for any parties entitled to notice. The Petition is incomplete regarding notice to the Franchise Tax Board and notice to the Victims Compensation Board. Additionally, the requirement of an accounting has not been properly waived. A guardian ad litem has been appointed represent the interest of the four minor heirs of the decedent are minors, therefore the appointed guardian ad litem may waive the requirement of an accounting.

The Petition fails to address statutory compensation to the Personal Representative, therefore the Court will deem compensation waived. The matter is continued to Monday, August 17, 2026, at 2:30 p.m. in Department 44 for further proceedings on the Petition for Final Distribution and Waiver of Accounting. An amended Petition is required to be filed to address the issues raised above. Petitioner is also required to file and serve a new Notice of Hearing 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 JOYCE MURRELL