Petition Under Probate Code §13100 to Compel Transfer of Assets; Request for Attorney’s Fees
Estate of Garrity, 9:00 23PR00617 At the request of counsel the matter is continued to January 19, 2027 at 9:00 a.m. Patricia Marian
The First and Final Account and Report is settled and approved, the Review Hearing on October 27, Estate of Jelich, 9:00 24PR00126 2026 is vacated, and the matter is set for a final discharge hearing on January 19, 2027 at 9:00 Kevin Edward a.m. The Court will sign the form of order submitted by counsel.
The First and Final Report of Status of Administration and Waiver of Account and Petition for Estate of Bruce, Settlement Thereof is settled and approved, the Review Hearing on October 20, 2026 is vacated, 9:00 24PR00416 Michael Wayne and the matter is set for a final discharge hearing on January 19, 2027 at 9:00 a.m. The Court will sign the form of order submitted by counsel.
Estate of Bush, The Court will hear from Administrator Stacy R. Neale as to why she should not be removed as 9:00 25PR00192 Cynthia Susan personal representative for failure to properly administer the estate.
The Report of Administrator on Waiver of Account and Petition for its Settlement is settled and Estate of Leddy, approved, the Review Hearing on August 8, 2026 is vacated, and the matter is set for a final 9:00 25PR00219 Gustav Howard discharge hearing on January 19, 2027 at 9:00 a.m. Counsel shall submit a form of order within two weeks.
Estate of The Court will hear from Administrator Thomas R. Kauppinen as to the status of filing the petition for 9:00 25PR00223 Kauppinen, John final distribution. H
Estate of The First and Final Report of Administrator, Petition for Final Distribution on Waiver of Accounting is 9:00 25PR00233 McGowan, settled and approved, and the matter is set for a final discharge hearing on January 19, 2027 at Victoria Frances 9:00 a.m. The Court will sign the form of order submitted by counsel.
Estate of 9:00 25PR00307 Rodriguez, Soria, At the request of counsel this matter is continued to August 18, 2026 at 9:00 a.m. Nicacio
Estate of The Waiver of Account and Report of Administrator is settled and approved, the Review Hearing on 9:00 25PR00308 Maxwell, August 25, 2026 is vacated, and the matter is set for a final discharge hearing on January 19, 2027 Anthony Paul at 9:00 a.m. The Court will sign the form of order submitted by counsel.
Probate Code §13100 authorizes the successor of a decedent to collect “the decedent’s property” by affidavit, provided that the gross value of the decedent’s real and personal property does not exceed Estate of Martin, 9:00 26PR00127 the applicable statutory threshold and forty days have elapsed since the date of death. The statute Joanne is expressly designed to facilitate the transfer of property that belonged to the decedent at the time of death. Here, based upon the information provided by Wells Fargo Bank, N.A., the Court agrees
that it is not obvious that the balance in the accounts was “money due the decedent” at the time of her death. Specifically, because neither account existed when Decedent died on November 29, 2024. Rather, both accounts were opened after her death by Petitioner pursuant to a Durable Power of Attorney that had no legal effect. As such, the Court concludes that if Petitioner contends that the funds deposited into the accounts at Wells Fargo Bank, N.A., were, in equity, property of the Trust or property that should have been titled in the Trust’s name, Petitioner's proper remedy is a petition under Probate Code §850. The Petition Under Probate Code §13100 to Compel Transfer of Assets and Request for Attorney's Fees Pursuant to Probate Code §13105(b) is denied.
The petition is granted, the Will dated April 6, 2021 is admitted to probate, letters testamentary with full authority shall issue, bond is set at $100,000.00, Jane Dolan is appointed as probate referee and Estate of a final distribution hearing is set for July 20, 2027 at 9:00 a.m. In the event the Executor is unable 9:00 26PR00147 Soerensen, to file the petition for final distribution seven (7) days prior to the final distribution hearing, the Thomas Klaus Executor shall file a status update seven (7) days prior to the hearing. The Court will sign the form of order submitted by counsel.
Estate of: Barry, 9:00 26PR00252 The petition is granted and the court will sign the form of order submitted by counsel. Shawn Thomas
George A Morrissette 9:00 26PR00254 Living Trust, The petition is granted and the Court will sign the form of order submitted by counsel. Dated July 7, 2008
The Court notes that Attachment 11 does not include the required statement of facts that show that the property was Decedent's primary residence. The Court is inclined to grant the petition if a Estate of: 9:00 26PR00256 declaration is received or a statement is made at the time of the hearing by Ms. Henman as an Conner, Janice L officer of the Court that the real property was the Decedent’s primary residence at the time of death and then the Court will sign the form of order submitted by counsel.
The petition is granted, letters of administration with full authority shall issue, bond is set at $20,000.00, Jane Dolan is appointed as probate referee, a final distribution hearing is set for July Estate of 20, 2027 at 9:00 a.m. In the event the Administrator is unable to file the petition for final 9:00 26PR00259 Gunderson, Chad distribution seven (7) days prior to the final distribution hearing, the Executor shall file a status Lee update seven (7) days prior to the hearing. The Court will sign the form of order submitted by counsel.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”