There are many steps in the California probate process, the last of which is closing the probate case. In order to close a probate estate in California, the appointed personal representative must file a petition with the probate court which reports everything he/she has done in regards to the estate. The personal representative must file a Petition for Final Distribution within one year after Letters are issued.
Interested parties may attend the hearing and object to the closure of probate. If there are no objections raised during the hearing, and the estate has been properly managed during the administration, the personal representative can get a court order approving the final distribution and the court will formally order to close the probate estate.
Steps to Close a Probate Estate in California
If the personal representative has been unable to close a probate estate in California within one year of the issuance of Letters, the personal representative must file a verified report of the status of the estate. The report must detail the condition of the estate, why it cannot be closed and distributed, and the estimated time needed to close the estate. The personal representative must set the report for hearing. Notice of the hearing must be served on all interested parties. Depending on the nature of the report, the court may extend the probate duration or require the personal representative to file a petition for final distribution.
In order to close a probate estate in California, the Petition for Final Distribution must include many details regarding the status of the estate. In the Petition for Final Distribution, the personal representative should include a request for approval or waiver of executor or administrator fees. In addition, a request for a court order to distribute the remaining estate assets should be submitted. The administrator can request additional compensation if he/she performed complex work on behalf of the estate. The Order on Final Distribution should be filed 10 days before the hearing (Petition for Final Distribution). It should detail the heirs and beneficiaries that will receive property from the estate. Each asset of the estate should be listed in detail. If everything is correct, the judge will sign the order.
Once an order is obtained, and to finally close a probate estate in California, the personal representative will need to distribute the real and personal property assets of the decedent to the heirs or named beneficiaries. Upon distribution, the personal representative must get a receipt from the person receiving property from the estate. The receipts should be filed with the court before filing a petition for final discharge. If there is only one distributee, he or she does not have to sign a receipt.
On an ex parte motion, the personal representative can file a formal request to be discharged so that they are no longer be liable for the administration of the estate’s contents, and the probate process will be officially completed. This is the last step to officially close a probate estate in California.
It is not uncommon for people to attempt to file probate in California on their own. Often they reach a point that continuing without professional help is simply too difficult. They don’t want to hire an attorney and are looking for other options. The good news is there are “other options”! If you need help to close a probate estate in California, please contact A People’s Choice. A People’s Choice is a low-cost option for probate help without having to hire an expensive attorney. We offer over 35 years of experience helping people successfully complete probate cases that are filed in California. Call us at 800-747-2780 for more information.
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