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.