Monterey — CI-106

Source: https://www.monterey.courts.ca.gov/system/files/ci-106.pdf

CI-106 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY Monterey Division - 1200 Aguajito Road, Monterey, California 93940

E CASE NUMBER: ESTATE OF: HEARING DATE / TIME:

PETITION FOR TERMINATION OF DEPARTMENT:
PROCEEDINGS AND DISCHARGE

INFORMATION TO THE PERSONAL REPRESENTATIVE OF THE ESTATE: You must give notice of this petition to all interested persons using form DE-120, including those listed in Probate Code § 11000.

1. Petitioner (name): , is the Personal Representative of the estate of the decedent.

2. The decedent’s date of death: ____________

3. a. Letters were issued on (date):

   b. No letters were issued.

4. There is no property of any kind belonging to the estate and subject to administration because (check all of the following that apply):

   a. All of the decedent’s property is held in a revocable living trust, held in joint tenancy, held as community property with right of survivorship, or is subject to a beneficiary or payable on death (POD) designation.

   b. All of the decedent’s property has passed to the decedent’s surviving spouse or registered domestic partner. Attached is a copy of the Spousal / Domestic Partner Property Order (form DE-226) entered by this court.

   c. The value of all of the decedent’s property is less than $166,250 and one or both of the following is true (check all that apply): i. The property has been distributed pursuant to an affidavit or declaration under Probate Code §13100. Attached is a copy of the affidavit or declaration. ii. Attached is a copy of the Order Determining Succession to Real Property (form DE-315) entered by this court distributing the decedent’s property.

Form Approved for Optional Use PETITION FOR TERMINATION OF PROCEEDINGS AND Page 1 of 2 Monterey Superior Court Probate Code § 12251 CI-106 Rev. January 2020 DISCHARGE

ESTATE OF: CASE NUMBER:

4. d. The value of all of the decedent’s property is less than $85,900. Attached is a copy of the Order under Probate Code §6600 et seq. entered by this court.

   e. The value of decedent’s interest in all real property located in California is less than $55,425. Attached is a copy of the Affidavit re: Real Property of Small Value (form DE-305) filed in this case. f. The decedent owned an interest in real property that was lost to foreclosure, and no surplus is due to the decedent. Attached is a copy of the Notice of Default, Notice of Trustee’s Sale, and Trustee’s Deed.

   g. Other (explain):

   (Provide additional attachments if necessary)

5. All costs of administration have been paid, including cost of publication and the probate referee’s fees.

6. a. No requests for special notice have been filed in this proceeding.

   or

   b. The following requests for special notice have been filed in this proceeding:

   Name Date Filed Relationship

   Information regarding additional Requests for Special Notice attached as Attachment 6.

7. Petitioner requests that the court make an order terminating the administration of the estate and discharging the personal representative.

Date:

(TYPE OR PRINT NAME OF ATTORNEY) (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:

(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)

(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PEITITIONER)

Form Approved for Optional Use PETITION FOR TERMINATION OF PROCEEDINGS AND Page 2 of 2Monterey Superior Court CI-106 Rev. January 2020 DISCHARGE Probate Code § 12251