Santa Barbara — SC-6028

Source: https://www.santabarbara.courts.ca.gov/system/files/forms-and-filings/sc-6028.pdf

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ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY

EMAIL ADDRESS (Optional)

ATTORNEY FOR (NAME):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA

Santa Barbara–Anacapa Santa Maria-Cook Lompoc Division
1100 Anacapa Street 312-C East Cook Street 115 Civic Center Plaza

Santa Barbara, CA 93101 Santa Maria, CA 93454 Lompoc, CA 93436

ESTATE OF:

CASE NUMBER:

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE AND PETITION FOR FINAL DISTRIBUTION ON (Check one box): WAIVER OF ACCOUNT OR ACCOUNT AND FOR PAYMENT OF COMPENSATION FOR ORDINARY AND/OR HEARING DATE: TIME: DEPT: EXTRAORDINARY SERVICES TO (Check one or both): PERSONAL REPRESENTATIVE ATTORNEY FOR PERSONAL REPRESENTATIVE

Petitioner(s) (name(s)): ___________________________________________ allege(s):

1. Decedent (name): died testate OR intestate on date: _____________ at (place): _______________
_______________________ being at the time of death a resident of the County of Santa Barbara, State
of California OR (identify state and country of residence): _______________________________.

2. Will dated ________________ and codicil dated ________________ was/were admitted to Probate by
order of this court on (date) ______________________.

3. Appointment of Personal Representative (Check all applicable options)
a. Petitioner was appointed as special administrator and Letters were issued on (date): ____________.
b. Petitioner was appointed as Executor Administrator Administrator with Will Annexed and
Letters were issued on (date): ___.
c. At all times since then, Petitioner has been, and now is, the personal representative of decedent’s
estate.
d. Petitioner’s authority as personal representative of this estate was terminated by court order on (date):
_.
e. Other (Attachment 3e).

4. On _______________ by order of this court, Petitioner was authorized to administer the estate under the
Independent Administration of Estates Act with Full OR Limited authority. This authority has not been
revoked.

5. [Reserved]

Optional Form FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE PrC §§ 10831, 10951, 10954, 11640 SC-6028 [Rev. Jan. 2024] AND PETITION FOR FINAL DISTRIBUTION Page 1 of 9

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6. More than four (4) months have elapsed since the issuance of Letters. Reasonable efforts were made to identify creditors of the estate. a. Notice of Administration has been sent to all known creditors of the estate. b. Notice of Administration has not been sent to all known creditors of the estate for the reasons stated in Attachment 6b. c. No creditors were found.

7. Other than taxes or creditor claims otherwise addressed in this petition, petitioner has no reason to believe

   that any public entity listed in Probate Code section 9201 has any basis for making a claim against the estate; or Notice was sent as follows: Date Mailed

   Employment Development Department: _______________________

   State Board of Equalization: _______________________

   Department of State Hospitals _______________________

8. a. The notice required by Probate Code § 9202(a) was mailed to the Director of the California Department of Health Care Services on (date): ______________ with a copy of Decedent’s death certificatecertificate and with a copy of the death certificate of the decedent’s pre-deceased spouse or registered domestic partner (name): _________________________________; OR b. The decedent did not receive and was not the surviving spouse or registered domestic partner of a person who received Medi-Cal benefits. Therefore, no notice to the California Department of Health Care Services is required.

9. a. The notice required by Probate Code § 9202(b) was mailed to the Director of the California Victim Compensation and Government Claims Board on (date): _________________________; OR b. Petitioner knows of no heir that is or has previously been confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of Youth Authority or confined in any county jail, road camp, industrial farm or other local correctional facility. Therefore, notice is not required to be given to the Director of the California Victim Compensation and Government Claims Board. (Prob. Code, § 9202, subd. (b).)

10. Notice to the Franchise Tax Board was mailed on (date): ________________, as required by Probate Code § 9202 (c).

11. No requests for special notice have been filed in this proceeding. The following requests for special notice have been filed in this proceeding: Name Date Filed Relationship

    Continued on Attachment 11.

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12. Petitioner has performed all required duties as personal representative of the estate. All costs of administration incurred to date, including costs of publication and the probate referee’s fees, have been paid and the estate is now in a condition to be closed. a. Petitioner does not request reimbursement from the estate for any filing fee, publication fee, or other costs advanced to the estate, or has already been reimbursed from the estate; OR b. Petitioner requests an order authorizing reimbursement from the estate for the following costs advanced from petitioner’s personal funds.

    Date Incurred Payee Purpose Amount

    Total 0

    c. Petitioner requests an order authorizing reimbursement from the estate for the following costs
    advanced by petitioner’s attorney.

    Date Incurred Payee Purpose Amount

    Total 0

    Continued on Attachment 12

13. The following Inventory and Appraisal(s) have been filed with the court:

    Date Filed Type Amount Partial No. Final Supplemental Corrected/Amended Partial No. Final Supplemental Corrected/Amended Partial No. Final Supplemental Corrected/Amended

    Continued on Attachment 13.

14. The estate consists entirely of OR of a combination of Decedent’s separate community quasi- community property.

15. Petitioner alleges that no family or affiliate relationship exists between Petitioner and any agent hired by

Petitioner during the period of administration; OR
The following family or affiliates were hired:

Name Capacity Retained Relationship

Continued on Attachment 15.

16. There was no cash to invest in interest-bearing accounts; or At all times during the period of administration, Petitioner has kept all surplus cash invested in interest- bearing accounts

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17. Petitioner did not take any action without prior court approval under the Independent Administration of

    Estates Act for which notice of proposed action was required. OR Petitioner took the following action without prior court approval under the Independent Administration of Estates Act for which notice of proposed action was required: a. Nature of action: ___________________________________________________ Date action was taken: ______________________________________________ When and to whom notice was given (name & date): ______________________ When notice was waived and if so, by whom: ____________________________ Objections received: ________________________________________________ b. Nature of action: ___________________________________________________ Date action was taken: ______________________________________________ When and to whom notice was given (name & date): ______________________ When notice was waived and if so, by whom: ____________________________ Objections received: ________________________________________________

    Information regarding additional actions taken attached as Attachment 17.

18. No Creditors’ Claims were filed with the court. OR The following Creditors’ Claims were filed with the court: a. Allowed Claims That Have Been Paid: Claimant Name Date Claim Filed Claim Amount Amount Allowed Date Claim Paid $ $ $ $ $ $

    Continued on Attachment 18a. b. Allowed Claims That Have Not Been Paid Petitioner requests an order to pay the following claims plus 10% interest from the date of the order as required by Probate Code §§11422-11423: Claimant Name Date Claim Filed Claim Amount Amount Allowed $ $ $ $ $ $ $ $

Continued on Attachment 18b. Total: $ 0
c. Rejected Claims
(For claims rejected in part and accepted in part, the claim should be listed twice. The rejected portion
should be listed in this subsection and the accepted portion should be listed in the appropriate subsection
above.)
Claimant Name Date Claim Claim Amount Amount Date Rejection Case Number and
Filed Rejected Served Status of Civil
Action (if any)

Continued on Attachment 18c

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19. The following written demands for payment were received within four months after letters were first

issued, and were treated as filed claims and paid before the expiration of 30 days after the four month
period, and (1) the debts were justly due; (2) the debts were paid in good faith; (3) the amounts paid were
the true amounts of the indebtedness over and above all payments and offsets; and (4) the estate is solvent.

Date Paid Payee Description

Continued on Attachment 17.

20. The estate is solvent insolvent and Petitioner has paid not paid all Decedent’s debts and debts of the estate and all expenses of administration except closing expenses and fees.

21. No federal or state estate tax return has been filed because the estate was not of sufficient size to require such a return and no estate taxes are due. OR A federal state estate tax return has been filed, taxes owing, if any, have been paid, and the estate has been released from further liability or no clearance letter for estate taxes has yet been received.

22. No California or federal income taxes are due or payable by the estate. OR Income taxes are due and payable by the estate as follows (amount): $ ___________________.

23. No real or personal property taxes are due or payable by the estate. OR Real or personal property taxes are due and payable by the estate as follows:

Date Payment Name of Taxing Description of Property Taxed Amount Due
Was Due Entity
$
$
$
Total $ 0

24. No reserve is requested. Petitioner requests $ _______________ to be reserved for taxes and tax preparation fees closing expenses County Recorder fees and/or Other: ________________________________. The court, in its discretion, may require an accounting of the reserve.

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25. Compensation a. The statutory compensation of the personal representative and statutory attorney’s fees are calculated as follows:

    Inventory Value $ Plus Receipts $ (Receipts schedule must be attached) Plus Gains on Sales $ (Gains schedule must be attached) Less Losses on Sales $ (Losses schedule must be attached)

Value of Estate Accounted for: $ 0

4% on the first $100,000.00 $
3% on the next $100,000.00 $
2% on the next $800,000.00 $
1% on the next $9,000,000.00 $
½ of 1% on the next $15,000,000.00 $

Total statutory compensation: $ 0

b. Petitioner:
requests payment of statutory compensation
waives all rights to statutory compensation as personal representative
agrees to accept $ _______________in lieu of statutory compensation, which is less than statutory
compensation, computed above.

c. Petitioner’s attorney:
requests payment in the amount of the statutory fees
waives all rights to statutory fees
agrees to accept $ _______________in lieu of statutory compensation, which is less than statutory
compensation, computed above.

d. No other person was appointed personal representative of the decedent in this state, and therefore no
division or statutory compensation is necessary;
OR
Attachment 25(d) provides a list of all persons appointed as personal representative of decedent
in this state, including petitioner. (For each personal representative, indicate (1) the date letters issued;
(2) the date letters were revoked, stricken, or superseded; and (3) the portion of the statutory
compensation that personal representative should receive, and (4) whether apportionment is made
based on agreement or services rendered and the facts to support the apportionment.)

e. No other person has served as attorney of record for a personal representative of the decedent in this
state, and therefore no division or statutory compensation is necessary;
OR
Attachment 25(e) provides a list of all attorneys who have served as attorney of record for a
personal representative of decedent in this state, including petitioner’s counsel. (For each personal
representative, indicate (1) the date letters issued; (2) the date letters were revoked, stricken, or
superseded; and (3) the portion of the statutory compensation that personal representative should
receive, and (4) whether apportionment is made based on agreement or services rendered and
the facts to support the apportionment.)

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26. Petitioner requests compensation for extraordinary services to the estate as described in attachment 26a

in the amount of $ _______________ which has not been paid. The attachment includes a statement of facts that satisfies CRC 7.702

Petitioner requests compensation to attorney (name): ___________________________ for extraordinary services to the estate as described in attachment 26b in the amount of $ _____________ which has not been paid. The attachment includes a statement of facts that satisfies CRC 7.702. (Itemized billing statements generally satisfies this requirement.)

27. Petitioner’s accounting covers the period of (date of death) ______________________ through

_______________. A summary of accounting and accounting schedules are attached hereto.
(You may use Judicial Council Forms GC-400(SUM), GC-405(A), GC-405(C), and other forms in the GC-405
series as appropriate).
OR
All beneficiaries and/or heirs waive an accounting by Petitioner and the required Waivers of Accounting
are on file in this proceeding (use Local Form SC-), and any additional information required
by CRC 7.550 is contained in Attachment 27.

28. No preliminary distribution has been made; The following preliminary distributions have been made: Date of Order Distribution Made To: Amount/Asset Distributed: Authorizing Distribution

    Total: 0

    Information regarding additional beneficiaries contained on Attachment 28.

29. Assets on hand available for distribution are on Attachment 29 are as follows: (If real property, include address, legal description, and Assessor’s parcel number):

    Continued in Attachment 29.

30. Petitioner is informed, believes and therefore alleges that the following persons are beneficiaries and/or heirs of the Decedent, and are entitled to distribution as indicated below or on Attachment 30:

    Name Relationship to Age Share of Estate/Assets to be
    Decedent Distributed

    Continued in Attachment 30.

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31. Other allegations attached as Attachment 31.

THEREFORE, Petitioner prays that

32. The report and account waiver of account of the Personal Representative be approved;

33. All acts of petitioner as personal representative be confirmed and approved;

34 An order be made authorizing the waiver of payment to petitioner in the sum of $ ________________ representing statutory commission for services rendered to the estate and $ ________________ representing commissions for extraordinary services.

35. AnAn orderorder bebe mademade authorizingauthorizing thethe waiver of payment or payment to petitioner’s attorney
______________________________ in the sum of $ ________________ representing statutory fees for
services rendered to the estate and $_________________ representing fees for extraordinary services
OR $__________________ representing the amount that the attorney has agreed to accept in lieu of
compensation.

36. An order be made allowing a reserve for closing costs in the amount of $ ___________________.

37. An order be made authorizing distribution of the estate as indicated in Attachment 35 as follows:

Name Relationship Age Share of Estate/Assets to be
Distributed

Continued on Attachment 37.

38. An order be made distributing any property of the Estate acquired or discovered after the court order for final
distributiondistributiondistribution isisis made,made,made, includingincludingincluding anyanyany unusedunusedunused portionportionportion ofofof thethethe reservereservereserve forforfor closingclosingclosing costscostscosts as indicated in
Attachment 36 as follows:

Name Relationship Age Share of Estate/Assets to be
Distributed

Continued in Attachment 38.

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39. Other orders as specified in Attachment 39.

Dated: (Signature of Attorney)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated:

(Type or Print Name of Petitioner) (Signature of Petitioner)

(Type or Print Name of Petitioner) (Signature of Petitioner)

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