Conservatorship of Jesus Garibay

Case Number

1408200

Case Type

Hearing Date / Time

Mon, 03/17/2025 - 08:30

Nature of Proceedings

Report of Sale and Petition for Order Confirming Sale of Real Property

Tentative Ruling

Probate Notes:

Appearances required. 

The following issues were noted for the last hearing, and do not appear to have been resolved:

Notice is Inadequate. Notice must conform to the same requirements in the provisions governing the sale of real property in decedent’s estates. (Prob. Code, § 2543(b).)  This includes publication, posting notice by the court clerk, etc.  (Prob. Code, §§10308(c); 1230.)  The notice in this case was not posted by the clerk and the Proof of Service was not on the proper Judicial Council Form. Notice of at least 15 days is required to the conservator, conservatee, spouse of conservatee (if applicable), the buyer, and any party requesting special notice. (Prob. Code, §§1220(a)(2)(B), 10308(c), and 11601.) Proofs of Service must be filed using form GC-020, attaching form GC-020(C) to that notice.

Proposed Order (DE-260).  A proposed order must be submitted with relief that matches that requested in the petition.  No such document was filed with the court.

Appraisal Older than Six Months.  The conservatee’s personal residence must be appraised less than six months prior to the confirmation hearing.  (Prob. Code, §2543(c).)  The Court has the discretion to find that it is in the best interests of the conservatee to rely on an appraisal of the subject property that was conducted not more than one year prior, if a compelling reason is presented. (Ibid.)

In addition to the above issues, the Court also requires the following:

Supplement re: Sales Contract.  Petitioner must submit supplement showing whether the current sales contract requires the deposit of funds into the Special Needs Trust account of the Decedent. Please submit the sales contract for review.