Estate of Dunmore CA3

Good Law
Court of Appeal of CaliforniaJune 16, 2014C072354California769 words

Opinion

Opinion

BACKGROUND

Dunmore died testate in October 2007. PremierWest filed a creditor’s claim as successor in interest to a commercial loan for more than $6 million that was claimed to be owed by decedent. The estate’s personal representative did not accept nor reject the claim. PremierWest then amended its creditor’s claim to reduce the obligation to $4,530,122.78. In March 2011, the personal representative filed a first and final report for status of administration and petition for order of final distribution. Although the first and final report allowed PremierWest’s claim, the personal representative thereafter rejected the claim. In response, PremierWest filed a petition for determination of entitlement to estate distribution. The personal representative opposed the petition. The probate court heard the matter and granted the petition as follows: “IT IS HEREBY ORDERED that the Petition is GRANTED. “IT IS FURTHER ORDERED that the amount of distribution of assets of the estate to [PremierWest] is to be determined at a later date.” From this order, the personal representative appeals.

AN INTERLOCUTORY ORDER ALLOWING A PROBATE CLAIM

IS NOT APPEALABLE

The existence of an appealable…

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