Name and address of attorney
__________________________
__________________________
__________________________
 

 

Attorney for _________________________

 

 

 

 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

 

 

Estate of,                                  )                       CASE NO.   _______________________________

)

                                                   )                        PETITION FOR FINAL

Deceased.)                         DISTRIBUTION ON WAIVER OF ACCOUNTNG (AND FOR ALLOWANCE OF

)                       STATUTORY COMMISSIONS)

)

)           (Probate Code Sec. 10400-10406,

)           10954, 11600-11642)

 

DATE:   

TIME:    

DEPT:    

 

Petitioner, _________________________________, as personal representative of the estate of the

above-named decedent, states:

1.         _________________.  died on _______________________, a resident of the county

named above.

2.         Notice of death was timely published. Petitioner made a thorough search of decedent's files and records for evidence of any obligation or potential liability the decedent may have had at death.  No reasonably ascertainable creditors were found beyond those who submitted bills in the ordinary course, and of which were paid within the four-month claim period, and therefore specific notice of administration under Probate Code Section 9050 was not required. The time for filing claims has expired.

3.  The decedent did not receive Medi-Cal benefits, and notice to the Director of not Health Services is not required.

4.  No claims were filed against the estate.

5  Certain debts were paid under the provisions of Probate Code Section 9154, without formal claims having been filed.  All such creditors made a written demand for payment within four months after Letters were issued.  The debts were justly due, were paid in good faith within 30 days after expiration of the four-month claim period, and the amounts paid were net payments or setoffs.  The estate is solvent.

6.  All debts of the decedent and of the estate and all administration expenses, including charges for legal advertising, probate referee's fees, and bond premiums, if any, have been paid and the estate is in a condition to be closed.

7.  An inventory and appraisement of the estate assets was filed, showing the value to be $_______________.

8.  The estate was administered under the Independent Administration of Estates Act.  No independent acts were performed that required a Notice of Proposed Action.

9.  No personal property taxes are due or payable by the estate.

10.  All income tax returns due by the decedent or the estate as of the date of this petition have been filed and the taxes paid.

11.  No California and federal estate tax returns have been filed and the taxes shown to be due have been paid.

12.  All assets on hand are to pass to _______________________.

            13.  _________________  (address), relation to decedent,  is entitled to receive all property of the estate according to the decedents will.

14.  Petitioner waives the filing of a final account.

15.  Petitioner waives any right to statutory commissions.

WHEREFORE, petitioner prays that the administration of the estate be brought to a close without the requirement of an accounting; that all acts and proceedings of petitioner as herein set forth be confirmed and approved; that petitioner be authorized to retain $_______ for closing expenses and to pay liabilities, and to deliver the unused part to the beneficiaries of the estate without further court order after the closing expenses have been paid; that distribution of the estate in petitioner's hands and any other property of decedent or the estate not now known or discovered be made to the persons entitled to it, as set forth in the petition, and that the court make such further orders as may be proper.

DATED:     

 

________________________________

__________________________, PETITIONER