In the matter of Neil Smith

34-2023-00333493-PR-LA-FRC: In the matter of Neil Smith 04/15/2026 Hearing on Motion - Other Motion for Immediate Distribution in Department 129

Tentative Ruling

PETITIONER’S MOTION FOR IMMEDIATE DISTRIBUTION AND CLOSURE OF PROBATE

MOTION FILED: 11/21/2025

RE: In the matter of Neil Smith

MOVING PARTY: Glen Sawyer, In Pro Per

NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 129 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept129 and the Zoom Meeting ID is 161 3352 9231. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a

34-2023-00333493-PR-LA-FRC: In the matter of Neil Smith 04/15/2026 Hearing on Motion - Other Motion for Immediate Distribution in Department 129

reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING Petitioner Glen Sawyer’s unopposed motion for immediate distribution and closure of probate is DENIED as follows.

Petitioner requests immediate distribution and termination of the estate. Petitioner indicates he has standing under Probate Code sections 850 and 48 because he seeks reimbursement of expenses of administration. Petitioner also claims to have reimbursement priority for his alleged expenses. (Motion, ¶ 9.)

Petitioner claims to be a former tenant of real property belonging to the estate, as well as a creditor of the estate. (Motion, ¶¶ 1, 7.) Administrator Jessica Reyes filed a Notice of Administration to Creditors on August 11, 2023. Petitioner filed his creditor’s claim, which was not on the mandatory Judicial Council Form DE-172, on January 2, 2026.

Petitioner cites to Probate Code Section 11420, Estate of Beach (1975) 15 Cal.3d 623, 631, and Estate of Bonzi (2013) 216 Cal.App.4th 1085, in support of his motion. None of the cited authority supports the request for immediate distribution or closure of the probate estate. Estate of Beach acknowledges the general standard of care for executors of an estate, particularly within the context of a bank acting as executor. (Estate of Beach (1975) 15 Cal.3d 623, 635.)

In Estate of Bonzi, the Fifth District Court of Appeals acknowledged that “[Probate Code] Section 9100 states that a creditor must file a claim in a probate proceeding either within four months after the court appoints a personal representative or within 60 days after notice,” and that the failure to comply with these time requirements bars the claim under Probate Code Section 9002, subd. (b). (Estate of Bonzi (2013) 216 Cal.App.4th 1085, 1103.) By Petitioner’s own case law, his creditor’s claim, filed over two years after the Administrator’s Notice of Administration to Creditors was given, is time-barred.

Probate Code section 11420 establishes the priority for payment of estate debts. Again, the Administrator filed a Notice of Administration to Creditors on August 11, 2023. Petitioner filed his creditor’s claim on January 2, 2026. Petitioner’s moving papers and accompanying declaration do not overcome Petitioner’s requirement to file a timely creditor’s claim. Nor does Petitioner establish how he is creditor entitled to priority reimbursement.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2023-00333493-PR-LA-FRC: In the matter of Neil Smith 04/15/2026 Hearing on Motion - Other Motion for Immediate Distribution in Department 129

Petitioner has not demonstrated a factual or legal basis supporting his request for immediate distribution of estate funds and closure of the estate. The motion is DENIED.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)