Estate of Asberry CA2/2

facts and law squander judicial resources resulting in an unnecessary appeal. In such cases, courts are required to use judgment in the common use of that term. Here, both the law and common sense rendered this appeal unnecessary. Petitioner and appellant Leo Asberry, Jr., appeals from the denial of his petition to discharge him as the executor of his late father’s estate and to terminate probate proceedings (the discharge petition). (Prob. Code, § 12251, subd. (a).)1 There was “no property of any kind belonging to the estate and subject to administration” when the discharge petition was filed. (Ibid.) Appellant was entitled to discharge and termination. (Ibid.) We reverse and remand. The probate court shall enter an order granting appellant’s discharge petition. Appellant also contends that the probate court violated the California Public Records Act (Gov. Code, § 7920.000 et seq.) (CPRA) by failing to “retain and maintain probate notes as part of the permanent court file.”2 We do not consider this argument, as appellant has no standing under the CPRA.

All further statutory references are to the Probate Code unless otherwise indicated.

Probate notes are notices…