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