Sonoma — First and Final Report of Personal Representative and Petition for Final Distribution

Source: https://sonoma.courts.ca.gov/system/files/forms-and-filings/pr-19first-and-final-report-personal-representative-and-petition-final-distribution.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar FOR COURT USE ONLY number, and address):

TELEPHONE NO.: EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA 625 Administration Drive, Santa Rosa, CA 95403

ESTATE OF

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION ON: (Mark all that are applicable) DEPT ACCOUNT WAIVER OF ACCOUNT; PAYMENT OF STATUTORY FEES TO PERSONAL CASE NUMBER REPRESENTATIVE ATTORNEY; PAYMENT OF EXTRAORDINARY FEES TO PERSONAL REPRESENTATIVE ATTORNEY; PAYMENT OF COSTS / REIMBURSEMENTS; RESERVE.

1. Petitioner(s) (name, address, and relationship to decedent)

2. Decedent died testate (with a will); OR intestate (without a will) on (date) ______________, as a resident of the County of Sonoma, State of California; OR as a resident of the County of __________________________________ State of .

3. Petitioner was appointed as Executor (named in a will admitted to probate); OR Administrator with Will Annexed (will admitted to probate but will does not name Petitioner executor); OR Administrator (no will admitted to probate); AND Letters were issued on (date) _______________.

4. If applicable; Will dated _______________ and Codicil(s), if any, dated _____________________ was/were admitted to probate by order of this court.

5. Petitioner was authorized to administer the estate with full; OR limited authority under the Independent Administration of Estate Act (IAEA); OR no authority under the IAEA was granted.

6. Petitioner’s report covers the period of (date of death) ___ through (date as close to date

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form PR - 19 (Eff 01/01/2025) 11640 et seq.

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of filing as possible) _________________.

7. a. ACCOUNT Summary of Account and accounting schedules are attached as Attachment 7a. OR b. WAIVER OF ACCOUNT All beneficiaries or heirs waive the requirement of an accounting. Waivers of Account signed by each beneficiary or heir are submitted herewith.

8. a. More than four (4) months have elapsed since the issuance of Letters and reasonable efforts were made to identify creditors of the estate. The time for filing and presenting creditor’s claims has expired.

   b. Notice of Administration was given to all known creditors of the estate within four months after the date Letters were first issued or within 30 days after the personal representative first had knowledge of the creditor; OR a Notice of Administration was not required as there were no creditors.

9. Other than taxes or creditor claims addressed in this petition, petitioner has no reason to believe that any public entity listed in Prob. Code § 9201 has any basis for making a claim against the estate.

10. a. The decedent did not receive and/or was not the surviving spouse/registered domestic partner

    of a person who received Medi-Cal benefits. Notice was not required to be sent to the California

    Department of Health Care Services.

    OR

    b. The decedent received and/or was the surviving spouse/registered domestic partner of a

    person who received Medi-Cal benefits. Notice required by Prob. Code § 9202(a) was sent to

    the California Department of Health Care Services on (date) _______________, with a copy

    of the decedent’s death certificate and/or a copy of the death certificate of the decedent’s pre-

    deceased spouse/registered domestic partner.

11. a. 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 to

    which notice is required under Prob. Code § 9202(b); therefore, no notice is required to be

    given to the Director of the California Victim Compensation and Government Claims Board.

    OR

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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b. Notice pursuant to Prob. Code § 9202(b) was given to the Director of The California Victims

Compensation and Government Claims Board on (date) _______________.

12. Notice pursuant to Prob. Code § 9202(c) was given to the Franchise Tax Board on

(date) _______________.

a. Was a claim received? Yes or No.

b. If yes, a claim was received, was it paid? Yes or No.

13. The names and addresses of all parties entitled to notice, including parties who have submitted a

Request for Special Notice, are as follows:

Name Address

If more space is needed, mark this box and continue on a separate piece of paper labeled

Attachment 13.

14. Petitioner alleges:

    a. The Probate Referee’s fee was paid on (date) _______________.

    b. All costs of administration incurred to date have been paid, except closing expenses and

    statutory fees, and the estate is now in a condition to close. Yes or No.

    If no, what expenses remain to be paid? (list amount and type of expenses here)______________

---

c. At all times during the period of administration, petitioner has kept all surplus cash in interest-

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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bearing accounts.

OR

There was no cash to invest in interest-bearing accounts.

d. No compensation has been paid from estate assets to the petitioner or attorney without a

court order.

e. The estate is solvent (has assets, e.g. money, property); OR insolvent (has no assets).

15. 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

    Partial No.: ________ Final Supplemental

    Corrected/Amended

    If more space is needed, mark this box and continue on a separate piece of

    paper labeled Attachment 15.

    Total Inventory and Appraisal Value:

16. The estate consists entirely of decedent’s separate property.

OR

The estate consists of a combination of decedent’s: (mark all that apply)

separate community quasi-community property.

17. a. Petitioner alleges that no family or affiliate relationships exist between petitioner and any

    agent hired by petitioner during the period of administration.

OR

b. The following family or affiliates were hired:

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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Name Capacity Retained Relationship

if more space is needed mark this box and continue on a separate piece of paper labeled

Attachment 17.

18. a. No Creditor’s Claim(s) has/have been filed with the court.

OR

b. The following Creditor’s Claim(s) was/were filed with the court:

Date Date
Amount of Amount Amount
Claim Claimant Allowed /
Claim Allowed Denied
Filed Denied

if more space is needed mark this box and continue on a separate piece of paper labeled

Attachment 18.

19. (Mark if applicable otherwise leave blank) 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 Amount

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

ESTATE OF CASE NUMBER

If more space is needed, mark this box and continue on a separate piece of paper labeled

Attachment 19.

20. a. 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

b. Petitioner took the following action(s) without prior court approval under the Independent

Administration of Estate Act for which notice of proposed action was required.

Date
When & to Whom Notice Waived Objections
Action
Nature of Action Notice was Given (Name & Received
was
(Name & Date) Date) (Name & Date)
Taken

if more space is needed mark this box and continue on a separate piece of paper labeled

Attachment 20.

21. No federal or state estate taxes are due or payable by the estate. All taxes, if any, have been

paid.

22. No personal property taxes are due or payable by the estate. All taxes, if any, have been paid.

23. a. No California or federal income taxes are due or payable by the estate. All taxes, if any, have

been paid.

OR

b. A final income tax return will be filed and any taxes due will be paid by the reserve

requested at item 27.

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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24. a. The statutory fee due to petitioner as personal representative is $______________;

OR is WAIVED.

AND

b. The statutory fee due to petitioner’s attorney is $_________________;

OR is WAIVED.

c. The statutory fees are calculated as follows:

(1) Total
Inventory & 4% of the first $100,000

(2) Receipts* 3% of the next $100,000

(3) Gains on
Sales* 2% of the next $800,000
(4) Losses on
Sales** 1% of the next $9,000,000

½ of 1% of the next

$15,000,000

Total Calculation of

Estate

( ) Total Statutory

Compensation

• If including receipts or gains in fee calculation, schedules must be attached on a

separate piece of paper labeled Attachment 24c. (Cal. Rules of Court, rule 7.550(b)(6))

** Losses, if any, must be included in fee calculation and schedules attached labeled

Attachment 24c, even if an accounting is waived.

Complete item 25 only if extraordinary fees are sought (see Rule of Court 7.703 and Local Rule 6.5 generally):

25. a. Petitioner requests payment of extraordinary fees in the amount of $_________________.

    Date Amount

    Incurred Description of Activity/Service Claimed

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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if more space is needed mark this box and continue on a separate piece of paper labeled

Attachment 25a.

b. Attorney requests payment of extraordinary fees in the amount of $___________________.

Date Amount

Incurred Description of Activity/Service Claimed

if more space is needed mark this box and continue on a separate piece of paper labeled

Attachment 25b.

26. a. Petitioner requests costs in the total amount of $____________.

    Amount

    Date Claimed Description if more space is needed mark this box and continue on a separate piece of paper labeled

Attachment 26a.

b. Attorney requests costs in the total amount of $____________.

Amount

Date Claimed
Description

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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If more space is needed, mark this box and continue on a separate piece of paper labeled

Attachment 26b.

27. a. Petitioner requests a reserve of $__________________.

b. Mark this box if the amount requested exceeds $2,500 and provide an explanation for the

amount. (See Local Rule 6.3.G.) _______________________________________________

_____________________________________________________________________________.

28. (Mark if applicable) The following preliminary distribution(s) has/have been made:

Date of

Order Receipts

Authorizing Filed

Distribution To Whom Made Amount/Asset Distributed (Date)

If more space is needed, mark this box and continue on a separate piece of paper labeled

Attachment 28.

29. Assets on hand at the end of report period:

Value of Non-Cash Assets on Hand:

Total Value of Cash Assets on Hand: Less:

Statutory Personal Representative
Fees:

Statutory Attorney Fees:

Extraordinary Fees:

Reimbursement of Costs:

Reserve:

Remaining Cash Assets for
Distribution:

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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30. a. Petitioner alleges distribution of the estate should be made by intestate succession. The

    names and relationship to decedent of all heirs are as follows:

    If more space is needed, mark this box and continue on a separate piece of paper labeled

Attachment 30a.

OR

b. Petitioner alleges distribution of the estate should be made pursuant to decedent’s

Will/Codicil(s). The dispositive provisions are as follows (must be word for word):

If more space is needed, mark this box and continue on a separate piece of paper labeled

Attachment 30b.

31. Other allegations, if any:

    If more space is needed, mark this box and continue on a separate piece of paper labeled

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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Attachment 31.

WHEREFORE, Petitioner prays for an order of this court as follows:

1. The report and account OR waiver of account of the personal representative is approved.

2. All acts of the petitioner as personal representative reported to the court are approved.

3. a Payment to petitioner in the amount of $___________________ representing statutory fees.

   b. Payment to petitioner’s attorney in the amount of $_____________ representing statutory fees.

4. a. Payment to petitioner in the amount of $_________________ representing extraordinary fees.

   b. Payment to petitioner’s attorney in the amount of $____________ representing

   extraordinary fees.

5. a. Reimbursement of costs to petitioner in the amount of $____________________.

   b. Reimbursement of costs to petitioner’s attorney in the amount of $________________.

6. A reserve in the amount of $__________________.

7. Other orders, if any:

   If more space is needed, mark this box and continue on a separate piece of paper labeled

   Attachment A.

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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8. Distribution of the assets of the estate is approved as follows: (Include name and relationship of

eachheir/beneficiary and description of each asset being distributed. If real property, include the

address,legal description, and assessor’s parcel number.)

if more space is needed mark this box and continue on a separate piece of paper labeled

Attachment B.

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.

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9. Distribution of any property of the estate acquired or discovered after the court order for final

   distribution is made, including any unused portion of the reserve, if any, is approved as follows:

   If more space is needed, mark this box and continue on a separate piece of paper labeled

Attachment C.

Date:

SIGN

Type or print name of Attorney (if represented) Signature of Attorney

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

and correct.

Date:

SIGN

Type or print name of Petitioner Signature of Petitioner

SIGN

Type or print name of Petitioner Signature of Petitioner

FIRST AND FINAL REPORT OF PERSONAL REPRESENTATIVE & PETITION FOR FINAL DISTRIBUTION Prob. Code §§ 10831, 10951, 10954, Optional Form 11640 et seq.