On March 04, 2024 a
Duties & Liabilities of Personal Representative - Petition Hearing
was filed
involving a dispute between
Decosta, Cassandra J,
and
for Decedent's Estate
in the District Court of Butte County.
Preview
DE-147
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address). FOR COURT USE ONLY
Brett Gilman SB#163537
.-
e owstone Dr. #120 SuLIeriu CUUII LII CI-JIII'IIIIIH.
Chico CA 95973 Butte
Cmnl'y I:If
530/343-4318
TELEPHONE N0.: FAX NO. (Optional): 530/34330 I 0
Iawyerbrett@gmai Loom
EMAIL ADDRESS (Oplional): L 3/04/2024 L
ATTORNEY FOR (Namek Cassandra J. DeCosta
E E
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREETADDRESS: 1775 Concord Ave. B :
Irnflll . r'I-I:
MAILING ADDRESS: I775 Concord Ave. Hy [JP-pm?
Chico CA 95928
CI'I'Y AND ZIP CODE: EIecIIa-n-ca-If FILED
BRANCH NAME: North Butte
County Courthouse
ESTATE OF (Name):
SHAWN EDWIN BATES DECEDENT
CASE NUMBER:
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
and Acknowledgment of Receipt 24PR00098
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
When the court appoints you as personal representative of an estate, you become an officer of the court and assume
certain duties and obligations. An attorney is best qualified to advise you about these matters. You should understand the
following:
1. MANAGING THE ESTATE'S ASSETS
a. Prudent investments
You must manage the estate assets with the care of a prudent person dealing with someone else's property. This
means that you must be cautious and may not make any speculative investments.
b. Keep estate assets separate
You must keep the money and property in this estate separate from anyone else's, including your own. When you
open a bank account for the estate, the account name must indicate that it is an estate account and not your personal
account. Never deposit estate funds in your personal account or otherwise mix them with your or anyone else's
property. Securities in the estate must also be held in a name that shows they are estate property and not your
personal property.
c. interest-bearing accounts and other investments
Except for checking accounts intended for ordinary administration expenses, estate accounts must earn interest. You
may deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney before
making other kinds of investments.
d. Other restrictions
There are many other restrictions on your authority to deal with estate property. You should not spend any of the
estate's money unless you have received permission from the court or have been advised to do so by an attorney.
You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond.
Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. if you do not
obtain the court's permission when it is required, you may be removed as personal representative or you may be
required to reimburse the estate from your own personal funds, or both. You should consult with an attorney
concerning the legal requirements affecting sales, leases, mortgages, and investments of estate property.
2. INVENTORY OF ESTATE PROPERTY
a. Locate the estate's property
You must attempt to locate and take possession of all the decedent's property to be administered in the estate.
b. Determine the value of the property
You must arrange to have a court-appointed referee determine the value of the property unless the appointment is
waived by the court. You, rather than the referee, must determine the value of certain "cash items." An attorney can
advise you about how to do this.
c . File an inventory and appraisal
Within four months after Letters are first issued to you as personal representative, you must file with the court an
inventory and appraisal of all the assets in the estate.
Page 1 of 2
Fm" "We" '°' Manda'°'y use DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Pmbai° 0°" § 5404
Judicial Council of Califomie
05.147 iRev. January 1. 2002} (Probate)
DocuSign Envelope ID: C65E3FAD-ECFE-46C4L -0-90C73FE878DA
ESTATE OF (Name).' case NUMBER.
_ SHAWN EDWIN BATES
DECEDENT r
d. File a change of ownership
At the time you file the inventory and appraisal, you must also file a change of ownership statement with the county
recorder or assessor in each county where the decedent owned real property at the time of death, as provided in
section 480 of the California Revenue and Taxation Code.
3. NOTICE TO CREDITORS
You must mail a notice of administration to each known creditor of the decedent within four months after your appointment
as personal representative. If the decedent received Medi-Cal assistance. you must notify the State Director of Health
Services within 90 days after appointment.
4. INSURANCE
You should determine that there is appropriate and adequate insurance covering the assets and risks of the estate.
Maintain the insurance in force during the entire period of the administration.
a. Keep accounts
5. RECORD KEEPING
You must keep complete and accurate records of each financial transaction affecting the estate. You will have to
prepare an account of all money and property you have received, what you have spent. and the date of each
transaction. You must describe in detail what you have left after the payment of expenses.
b. Court review
Your account will be reviewed by the court. Save your receipts because the court may ask to review them. if you do not
fite your accounts as required, the court will order you to do so. You may be removed as personal representative if you
ail to comply.
6. CONSULTING AN ATTORNEY
If you have an attorney, you should cooperate with the attorney at all times. YOLI and your attorney are responsible for
completing the estate administration as promptly as possible. When in doubt, contact your attorney.
NOTICE: 1. This statement of duties and liabilities is a summary and Is not a Complete statement of the law.
Your conduct as a personal representative is governed by the law itself and not by this summary.
2. If you fail to perform your duties or to meet the deadlines, the court may reduce your
compensation, remove you from office, and impose other sanctions.
ACKNOWLEDGMENT OF RECEIPT
1. l have petitioned the court to be appointed as a personal representative.
2. My address and telephone number are (specify):
Cassandra J. DcCosta. 1890 Cummings Lane, Durham, CA 95938. 5306206251
3. I
acknowledge that have received a copy of this statement of the duties and liabilities of the office of personal
l
representative.
Dam: Ma r'ch 3 2024 Dowstgnod by:
,
/ ../
1
C assandra
(TYPE 09%
J Dec osta
.
PRiNT NAME)
.V
' Le- M:::::"
-91
(SIGNATURE OF PETITIONER)
-<:\_'_
oossczaoccaar
Date:
(TYPE 0R PRINT NAME) (SIGNATURE OF F'ETITIQNERl
CONFIDENTIAL INFORMATION: If required to do so by local court rule. you must provide your date of birth and driver's
license number on supplemental Form 05-1476. (Prob. Code, § 840663).)
"Gimm- Jemfl'lv'h 20°23 DUTIES AND LIABlLlTIES OF PERSONAL REPRESENTATIVE ""9""?
(Probate)
Document Filed Date
April 02, 2024
Case Filing Date
March 04, 2024
Category
Decedent's Estate
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Preview
DE-147 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address). FOR COURT USE ONLY Brett Gilman SB#163537 .- e owstone Dr. #120 SuLIeriu CUUII LII CI-JIII'IIIIIH. Chico CA 95973 Butte Cmnl'y I:If 530/343-4318 TELEPHONE N0.: FAX NO. (Optional): 530/34330 I 0 Iawyerbrett@gmai Loom EMAIL ADDRESS (Oplional): L 3/04/2024 L ATTORNEY FOR (Namek Cassandra J. DeCosta E E SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE STREETADDRESS: 1775 Concord Ave. B : Irnflll . r'I-I: MAILING ADDRESS: I775 Concord Ave. Hy [JP-pm? Chico CA 95928 CI'I'Y AND ZIP CODE: EIecIIa-n-ca-If FILED BRANCH NAME: North Butte County Courthouse ESTATE OF (Name): SHAWN EDWIN BATES DECEDENT CASE NUMBER: DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE and Acknowledgment of Receipt 24PR00098 DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE When the court appoints you as personal representative of an estate, you become an officer of the court and assume certain duties and obligations. An attorney is best qualified to advise you about these matters. You should understand the following: 1. MANAGING THE ESTATE'S ASSETS a. Prudent investments You must manage the estate assets with the care of a prudent person dealing with someone else's property. This means that you must be cautious and may not make any speculative investments. b. Keep estate assets separate You must keep the money and property in this estate separate from anyone else's, including your own. When you open a bank account for the estate, the account name must indicate that it is an estate account and not your personal account. Never deposit estate funds in your personal account or otherwise mix them with your or anyone else's property. Securities in the estate must also be held in a name that shows they are estate property and not your personal property. c. interest-bearing accounts and other investments Except for checking accounts intended for ordinary administration expenses, estate accounts must earn interest. You may deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney before making other kinds of investments. d. Other restrictions There are many other restrictions on your authority to deal with estate property. You should not spend any of the estate's money unless you have received permission from the court or have been advised to do so by an attorney. You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond. Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. if you do not obtain the court's permission when it is required, you may be removed as personal representative or you may be required to reimburse the estate from your own personal funds, or both. You should consult with an attorney concerning the legal requirements affecting sales, leases, mortgages, and investments of estate property. 2. INVENTORY OF ESTATE PROPERTY a. Locate the estate's property You must attempt to locate and take possession of all the decedent's property to be administered in the estate. b. Determine the value of the property You must arrange to have a court-appointed referee determine the value of the property unless the appointment is waived by the court. You, rather than the referee, must determine the value of certain "cash items." An attorney can advise you about how to do this. c . File an inventory and appraisal Within four months after Letters are first issued to you as personal representative, you must file with the court an inventory and appraisal of all the assets in the estate. Page 1 of 2 Fm" "We" '°' Manda'°'y use DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Pmbai° 0°" § 5404 Judicial Council of Califomie 05.147 iRev. January 1. 2002} (Probate) DocuSign Envelope ID: C65E3FAD-ECFE-46C4L -0-90C73FE878DA ESTATE OF (Name).' case NUMBER. _ SHAWN EDWIN BATES DECEDENT r d. File a change of ownership At the time you file the inventory and appraisal, you must also file a change of ownership statement with the county recorder or assessor in each county where the decedent owned real property at the time of death, as provided in section 480 of the California Revenue and Taxation Code. 3. NOTICE TO CREDITORS You must mail a notice of administration to each known creditor of the decedent within four months after your appointment as personal representative. If the decedent received Medi-Cal assistance. you must notify the State Director of Health Services within 90 days after appointment. 4. INSURANCE You should determine that there is appropriate and adequate insurance covering the assets and risks of the estate. Maintain the insurance in force during the entire period of the administration. a. Keep accounts 5. RECORD KEEPING You must keep complete and accurate records of each financial transaction affecting the estate. You will have to prepare an account of all money and property you have received, what you have spent. and the date of each transaction. You must describe in detail what you have left after the payment of expenses. b. Court review Your account will be reviewed by the court. Save your receipts because the court may ask to review them. if you do not fite your accounts as required, the court will order you to do so. You may be removed as personal representative if you ail to comply. 6. CONSULTING AN ATTORNEY If you have an attorney, you should cooperate with the attorney at all times. YOLI and your attorney are responsible for completing the estate administration as promptly as possible. When in doubt, contact your attorney. NOTICE: 1. This statement of duties and liabilities is a summary and Is not a Complete statement of the law. Your conduct as a personal representative is governed by the law itself and not by this summary. 2. If you fail to perform your duties or to meet the deadlines, the court may reduce your compensation, remove you from office, and impose other sanctions. ACKNOWLEDGMENT OF RECEIPT 1. l have petitioned the court to be appointed as a personal representative. 2. My address and telephone number are (specify): Cassandra J. DcCosta. 1890 Cummings Lane, Durham, CA 95938. 5306206251 3. I acknowledge that have received a copy of this statement of the duties and liabilities of the office of personal l representative. Dam: Ma r'ch 3 2024 Dowstgnod by: , / ../ 1 C assandra (TYPE 09% J Dec osta . PRiNT NAME) .V ' Le- M:::::" -91 (SIGNATURE OF PETITIONER) -<:\_'_ oossczaoccaar Date: (TYPE 0R PRINT NAME) (SIGNATURE OF F'ETITIQNERl CONFIDENTIAL INFORMATION: If required to do so by local court rule. you must provide your date of birth and driver's license number on supplemental Form 05-1476. (Prob. Code, § 840663).) "Gimm- Jemfl'lv'h 20°23 DUTIES AND LIABlLlTIES OF PERSONAL REPRESENTATIVE ""9""? (Probate)