Petition for Final Distribution

Cal. Super. - 2nd Dist.April 21, 2014

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 09:00:00 AM JUDICIAL OFFICER PRESIDING: Glen Reiser COUNTY OF VENTURA OXNARD DATE: 09/02/2015 DEPT: J6 CLERK: Jacqueline Flores REPORTER/ERM: Melissa Perez CASE NO: 56-2014-00451780-PR-PW-OXN CASE TITLE: In The Matter of Betty D Wommack CASE CATEGORY: Probate CASE TYPE: Probate of Will - Letters Testamentary EVENT TYPE: Petition for Final Distribution First and Final Report, Petition for Its Settlement, Waiver of Accounting MOVING PARTY: Carrie Jane Birmingham CAUSAL DOCUMENT/DATE FILED: Petition for Final Distribution First and Final Report, Petition for Its Settlement, Waiver of Accounting, 07/28/2015 STOLO APPEARANCES STOLO Carrie Jane Birmingham, self represented Proposed Executor, present. Stolo At 10:10 a.m., court convenes in this matter with all parties present as previously indicated. Counsel have received and read the court's written tentative ruling. Matter submitted to the Court with argument. The Court finds/orders: Order from Distribution from Kentucky is read and considered The Court's tentative is adopted as the Court's ruling. The court sees two issues. First, this court has never seen or managed an ancillary probate in which the proceeds of the ancillary estate were not distributed directly to the heirs/beneficiaries pursuant to the order of the respective court, without ordering proceeds then deposited into the domiciliary state probate for a second administration. If the Kentucky order for final distribution has already been made to the beneficiary under the will, there would be no reason to administer the $185,013.22 receipt in this probate if it is already been ordered distributed by the Commonwealth of Kentucky. Moreover, if that is the case, this becomes a "small estate" which can proceed by Prob.C§13100 et seq. affidavit procedure, rather than probate. Please provide a copy of the Kentucky order for final distribution. VEN-FNR-10.03 MINUTE ORDER DATE: 09/02/2015 Page 1 DEPT: J6 CASE TITLE: In The Matter of Betty D Wommack CASE NO: 56-2014-00451780-PR-PW-OXN If there is a need to probate the approximate $20,000 estate balance, here it was improper for the executor to self-appraise the asset. Prob.C.§8901-8902. This matter is off calendar. Matter to proceed by Prob.CÂ§13100 et seq. affidavit procedure. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 09/02/2015 Page 2 DEPT: J6