Santa Clara — Sample — verbatim text

Santa Clara — Sample¶

Source: https://santaclara.courts.ca.gov/system/files/probate/sample_petition_for_final_distribution_rem.pdf

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Page 1¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 Name, Address and Telephone Number of Person Without Attorney:

5 In Pro Per

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF SANTA CLARA

11 ) Case No.: In the Matter of the Estate of ) 12 ) (FIRST AND FINAL ACCOUNT/WAIVER OF ) ACCOUNT) AND REPORT OF 13 ) (EXECUTOR/ADMINISTRATOR/ ) ADMINISTRATOR- WITH-WILL ANNEXED), 14 ) PETITION FOR (ALLOWANCE OF ) STATUTORY FEES TO PERSONAL 15 ) REPRESENTATIVE AND FOR) FINAL Decedent. ) DISTRIBUTION 16 ) ) Date: 17 ) Time: 9:00 a.m. ) Dept. 18 ) 19 The petition of [name of personal representative] , as 20 [executor/administrator/administrator-with-will-annexed] of the Estate of 21 [name of decedent] , deceased alleges:

22 1. DATE OF DEATH AND DOMICILE. 23 [name of decedent] died on [date] in 24 the City of , County of , State of California, and 25 was a resident of that county at the time of [his/her] death.

26 2. APPOINTMENT OF PERSONAL REPRESENTATIVE.

27 The decedent's Will dated and codicil dated

28 [was/were] admitted probate by order of this court on [date Order for Probate was entered]

First and Final Account/Waiver of Account) and Report of (Executor/Administrator/ Administrator- with-will- annexed), Petition for (Allowance of Statutory Fees to Personal Representative and for) Final Distribution

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Page 2¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 [OR: Despite search and inquiry, no will of decedent has been found]. Petitioner qualified as

2 [executor/administrator/administrator-with-will-annexed] of the estate and [Letters

3 Testamentary/Letters of Administration/Letters of Administration-with-will-annexed]

4 were issued to petitioner on [date Letters were issued] . At all times since

5 then petitioner have been acting as the duly qualified [executor/administrator/administrator-with-will-

6 annexed] of the decedent’s estate.

7 3. AUTHORITY GRANTED UNDER INDEPENDENT ADMINISTRATION OF ESTATES ACT. 8

9 On [date Order for Probate was signed] , petitioner was granted authority by

10 order of this court to administer the estate without court supervision under the Independent

11 Administration of Estates Act. This authority has not been revoked.

12 4. STATUS OF ESTATE.

13 Petitioner has performed all duties required of [him/her] for the estate of the decedent

14 with respect to the administration of the estate. The estate is now ready for distribution and

15 is in a condition to be closed.

16 5. NOTICE OF DEATH.

17 Notice of Petition to Administer Estate, which constitutes one form of notice to

18 creditors, has been published for the period and in the manner prescribed by law. Within

19 thirty (30) days after the completion of publication, an Affidavit of Publication showing due

20 publication in the manner and form required by law was filed with the clerk of the court.

21 Reasonable efforts were made to identify creditors of the estate and Notice of Administration

22 to Creditors was sent to all known creditors of the estate on [date or dates when Notice was mailed]

23 . More than four months have elapsed since the first issuance of

24 Letters, and the time for filing or presenting claims has expired.

25 6. CREDITORS' CLAIMS.

26 [All/No/The following] claims have been filed with the court or presented to the personal

27 representative:

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Page 3¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 Name of Creditor Date Claim Filed Purpose Amount

4 7. COMPLIANCE WITH PROBATE CODE §9202.

5 Notice to the Director of Health Services is not required under Probate Code Section 9292 6 because the decedent did not receive and was not the surviving spouse of someone who 7 received Medi-Cal benefits /or/ Notice to the Director of Health Services has been given as 8 required by law under Probate Code Section 9202. A notice was received from the Director 9 of Health Services stating that no creditor’s claim will be filed against the estate because 10 decedent has not received any Medi-Cal benefits. Petitioner sent no notice of the decedent’s 11 death to the Director of the California Victim Compensation or to the Government Claims 12 Board under Probate Code section 9202(b), because no heir is confined in a prison or facility 13 under the jurisdiction of the Department of Corrections or the Department of the Youth 14 Authority or confined in any county or city jail, road camp, industrial farm, or other local 15 correctional facility. /or/ Notice to the Director of the California Victim Compensation or to 16 the Government Claims Board has been given under Probate Code section 9202(b). No 17 creditor’s claim has been received or the creditor’s claim of $__________ has been paid as set 18 forth above. Petitioner sent the notice to the Franchise Tax Board required by Probate Code 19 section 9202(c) as provided in section 1215 on ___________, 20.

20 8. DEBTS OF DECEDENT.

21 All debts of decedent and of the estate and all expenses of administration, except

22 closing expenses and statutory commissions of the personal representative [and their attorneys]

23 have been paid.

24 9. INVENTORY AND APPRAISAL.

25 An Inventory and Appraisal was returned and filed on [date inventory was filed]

26 showing a value of $ . [If additional inventories filed, add: A

27 Supplemental Inventory and Appraisal was filed in the amount of $ for total assets belonging to the

28 estate of $ .] Petitioner alleges that such [inventory/inventories] contain all

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Page 4¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 the assets of decedent's estate that have come to petitioner's knowledge or into [his/her]

2 possession.

3 10. ACTIONS TAKEN UNDER INDEPENDENT ADMINISTRATION OF ESTATES ACT. 4

5 [Describe action taken, for example: Decedent's real property located at

6 was sold to for $ , on (date)

7 ] under the Independent Administration of Estates Act. A Notice of Proposed

8 Action was given as prescribed by law to the persons entitled to receive notice. No objections

9 to the sale were received. [Add, if applicable: The net proceeds of sale will be distributed as part of the residue of

10 the decedent's estate.]

11 11. PERSONAL PROPERTY TAXES.

12 All personal property taxes due and payable by this estate have been paid /or/ No

13 personal property taxes are due and payable by this estate.

14 12. CALIFORNIA AND FEDERAL ESTATE TAXES.

15 A federal estate tax return, Form 706, has not been filed because the estate is not

16 sufficient to require such a return. No California estate taxes are due and payable by this

17 estate.

18 13. INCOME TAXES.

19 All California and federal income taxes due and payable by the estate will be paid by

20 the personal representative from decedent's estate prior to distribution /or/ No California or

21 federal income taxes are due and payable by the estate.

22 14. INVESTMENT OF CASH ON HAND.

23 Petitioner has invested and maintained all cash in interest bearing accounts or in

24 investments authorized by law or the governing instrument, except for an amount of cash

25 that is reasonably necessary for the orderly administration of the estate.

26 15. WAIVER OF ACCOUNT. [if applicable]

27 [Name(s)], the person(s) entitled to distribution of all of the estate, waive(s) an account by

28 petitioner, which waiver(s) [are on file/will be filed] in this proceeding.

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Page 5¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 15. SUMMARY OF ACCOUNT. [if account not waived]

2 Petitioner is chargeable with and is entitled to the credits set forth in the Summary of

3 Account below. The account covers the period from [date of death] to

4 [end of period covered by account] . Schedules A through in support of the

5 Summary of Account are attached hereto and incorporated herein by this reference.:

6 CHARGES

7 Inventory and Appraisal $

8 Supplemental Inventory and Appraisal (if any) $

9 Additional Property Received (if any) $

10 Income Receipts During Account Period (Schedule A) $

11 Gains on Sales or Other Disposition of Assets (Schedule B) $

12 Net Income from Trade or Business (if any) (Schedule C) $

13 Total Charges $

14 CREDITS

15 Disbursements During Accounting Period (Schedule D) $

16 Losses on Sales or Other Disposition of Assets (Schedule E) $

17 Net Loss from Trade or Business (if any) (Schedule F) $

18 Distributions to Beneficiaries (if any) (Schedule G) $

19 Property on Hand at End of Accounting Period (Schedule G) $

20 Total Credits $

21 16. CHARACTER OF PROPERTY.

22 The whole of the estate is decedent's [separate/one-half interest in the community property of decedent

23 and his/her surviving spouse/quasi-community] property [or describe interests, if mixed].

24 17. SCHEDULE OF PURCHASES OR OTHER CHANGES IN FORM OFASSETS.

25 Certain assets were disposed of or changed in form during the administration of the

26 estate. All changes in investments are shown on Attachment , attached hereto

27 and made a part hereof by reference.

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Page 6¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 18. INTESTATE HEIRS/DEVISEES UNDER WILL.

2 The following are the [decedent’s heirs under the laws of intestate succession/devisees named in

3 the decedent’s Will]:

4 Name Age Relationshi Address p 5

11 19. PROPOSED DISTRIBUTION OF ESTATE. 12 [By the terms of the decedent’s will/Pursuant to the laws of intestate succession], the estate should be 13 distributed [as follows/as shown on Attachment ____]. 14 Name Description of Share of Estate 15

19 The residue of the estate, insofar as is known to petitioner, consists of the assets listed 20 on [Schedule of the account/Attachment ]. 21 20. COMPUTATION OF STATUTORY COMPENSATION. 22 The statutory [executor’s/administrator’s/administrator-with-will-annexed’s] compensation [and the 23 statutory attorneys’ compensation – if applicable], payable [to each] for their services are $ 24 , computed on a fee base of $ , arrived at as follows: 25 FEE BASE 26 Inventory and Appraisal $ 27 Supplemental Inventory (if any) $ 28

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Page 7¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 Income Receipts During Account Period $

2 Gains on Sales $

3 Less: Losses on Sale $

4 TOTAL FEE BASE $

5 FEE COMPUTATION

6 4% of first $100,000 $4,000.00

7 3% of next $100,000 $3,000.00

8 2% of next $800,000 $

9 1% of next $1,000,000 to $10,000,000 $

10 TOTAL FEE $

11 21. STATUTORY [EXECUTOR’S/ADMINISTRATOR’S] COMPENSATION

12 Petitioner should be authorized to pay [himself/herself] the sum of $

13 as and for ordinary services rendered to the estate in discharge of this obligation /or/

14 By [his/her] signature on this petition, petitioner waives [his/her] right to statutory commissions

15 as [executor/administrator/ administrator-with-will-annexed].

16 22. DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY FIDUCIARY 17

18 Petitioner has no personal, financial or other relationship with attorneys or other

19 agents hired by the petitioner.

20 23. CLOSING EXPENSES.

21 Petitioner asks that [he/she] be authorized to withhold the sum of $

22 to offset closing costs and expenses, and as a reserve for any liability that may

23 hereafter be determined to be due from this estate.

24 24. SPECIAL NOTICE.

25 [No one – or list names of person] has filed a Request for Special Notice.

26 WHEREFORE, petitioner prays for an order of this court that:

27 1. The administration of this estate be brought to a close [if accounting has been waived, add:

28 “without the requirement of an accounting by the executor/administrator/administrator-with-will-annexed”];

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Page 8¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 2. The [list caption of document, for example: (FIRST AND FINAL ACCOUNT/WAIVER OF ACCOUNT)

2 AND REPORT OF (EXECUTOR/ADMINISTRATOR/ ADMINISTRATOR- WITH-WILL ANNEXED), PETITION

3 FOR (ALLOWANCE OF STATUTORY FEES TO PERSONAL REPRESENTATIVE AND FOR) FINAL

4 DISTRIBUTION] be settled, allowed, and approved as filed;

5 3. All the acts and proceedings of petitioner as [executor/administrator/administrator-with-will-

6 annexed] be confirmed and approved;

7 4. Petitioner shall be authorized to withhold $ to defray closing

8 expenses and to pay any additional liabilities;

9 5. [if applicable]Petitioner shall be authorized and directed to pay [himself/herself] the sum

10 of $ , representing statutory compensation for ordinary services

11 rendered in the administration of this estate.

12 6. Distribution of the estate of decedent in petitioner's hands and any other property

13 of decedent or the estate not now known or discovered be made to the persons entitled to it,

14 as set forth in the petition; and that

15 7. Such further order be made as the court considers proper.

16 Dated: . 17 [name] , Petitioner

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Page 9¶

SAMPLE DOCUMENT – FOR INFORMATION ONLY

1 VERIFICATION CCP 446, 20l5.5 2 I declare that: 3

4 I am the [executor/administrator/administrator-with-will-annexed] of the above-entitled estate. I

5 have read the foregoing [(FIRST AND FINAL ACCOUNT/WAIVER OF ACCOUNT) AND REPORT OF

6 (EXECUTOR/ADMINISTRATOR/ ADMINISTRATOR- WITH-WILL ANNEXED), PETITION FOR (ALLOWANCE

7 OF STATUTORY FEES TO PERSONAL REPRESENTATIVE AND FOR) FINAL DISTRIBUTION], and know

8 the contents thereof; the same is true of my own knowledge, except as to those matters which

9 are therein stated upon my information or belief, and as to those matters I believe them to be

10 true.

11 I declare under penalty of perjury under the laws of the State of California that the

12 foregoing is true and correct and that this verification was executed on [date]

13 at [city/state] .

15 Dated: (Signature) 16 (Type or print name ) 17

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