The process of California probate closing is complex and may appear tedious. Fortunately, you can enlist the help of a registered legal document assistant such as A People’s Choice. We can help you close your loved one’s estate error-free and reduce your personal liability following the lengthy probate process. Read on to learn more about the steps required to file a California petition for final distribution, the process of probate closing, and what happens after probate is closed.
What is a California Petition for Final Distribution?
In order to close a probate estate, the personal representative must file a final account, report, and petition for final distribution, have the petition set for hearing, provide notice of the hearing to interested parties, and obtain a court order approving the final distribution after completion of the probate process. The California petition for final distribution gives the court a detailed history of the probate case.
More specifically, it explains why the estate is ready to close and outlines the distributions to beneficiaries. Usually, this final petition is a custom pleading that addresses specific legal issues surrounding the probate estate’s original administration.
When Can You File a California Petition for Final Distribution?
Steps to Close Probate Estate in California, and What Happens After Probate is Closed?
1. Allowance or Rejection of Creditor’s Claims in Probate
The payment of claims are based on the following priority:
- IRS or California Franchise Tax Board
- Administrative expenses
- Secured creditors
- Funeral expenses for the deceased person
- Family allowance
- Wage claims from financial institutions
- General debts from creditors and potential creditors
If the estate has no monetary assets to pay the claims, its real property must be sold (through a formal notice) to satisfy outstanding debts such as estate taxes.
2. File California Petition for Final Distribution, What Happens After Probate is Closed?
What happens after probate is closed? In most cases, the decedent’s real property or other assets are not to be distributed until a court order is granted. Therefore, upon the personal representative filing a California petition for a final distribution in probate, the court will set a formal hearing date.
At this time, if the court grants the petition for final distribution, the personal representative must file an order for the final distribution of assets to beneficiaries. Then, the personal representative can distribute the remaining assets accordingly. This estate administration process won’t be open to any form of probate petition.
Finally, the court will discharge the personal representative of all liability once they’ve distributed the estate’s assets according to the court order. However, the personal representative may get recalled to perform the distribution of any assets after closure that had not been accounted for.
Using a Legal Document Assistant Service to Close Probate Estate
Contact A People’s Choice to close your loved one’s California probate and will help you know about what happens after probate is closed. We can help you draft the required forms and pleadings to properly close the estate at an affordable price. Contact us for more information.
I collected an Estate account with an Affidavit of Collection for Personal property 13100 after a probate was opened because the financial institution initially rejected the Affidavit then a year later changed their mind and accepted the Affidavit. How can I close this without a petition for final distribution if the Estate. acct. was already collected by the affidavit for collection of personal property 13100?
You would need to file a Petition to dismiss the case. Please call us at 800-747-2780 for assistance.
Our probate case has a future hearing date of 5/10/23. It states “OSC Re Petition for Final Distribution or Status Report” on the Case Access file. We live out of state and are wondering if we need to attend the hearing?
Yes this hearing is set as a status when cases lag and are not timely completed. Most courts allow you to appear via zoom or other electronic means. If your case is still open at that time, you also will probably need to file a Status Report before the hearing.
Thank you!
Who do we need to contact in order to appear via electronic means? That would be great, as opposed to traveling from N. Carolina,
Also, you mentioned filing a Status Report. I want to make sure we file the correct paperwork, so is there one specific to being a Claimant?
Hello,
You need to contact the local county court with regards to how the handle appearances electrically.
Thank you,
How long does it usually take to distribute property after the court grants the petition for final distribution?
Hi Charles, That depends on a few factors such as the county, how long the Judge takes to sign the Order, what kind of assets there are etc. You can contact the county directly or the institution holding the assets for information regarding distribution timeframes.
Thanks. What about LA county and specifically real estate transfers? Does 2 weeks sound reasonable if the judge signs off quickly with no issues? Thanks!
If you are referring to how long the recorder will take, I would contact them directly for current processing times.
Hi. Does IRS form 1041 need to be filed with the court during the petition for distribution process? Thanks and have a nice day.
Hello Tom, The court does not usually need the actual forms, but they will be informed that notice was sent that probate has been filed for the deceased and that any taxes have been paid. We provide information on all of that process as part of our managing probate for our clients, please call 800-747-2780 if you would like further information.