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A sample form of a Receipt from Distributee is included in this website and should be required from each distributee at the time property is distributed to him or her under an order for final distribution. Each receipt should be filed with the court prior to filing a petition for final discharge.
When the Personal Representative has complied with the terms of the Judgment of Final Distribution and has filed the appropriate receipts, the court must, on ex parte petition, make an order discharging the Personal Representative from all liability incurred thereafter. After discharge, the Personal Representative should notify the Internal Revenue Service and the Franchise Tax Board that he or she is no longer acting as fiduciary for the estate.The Judicial Council form, Ex Parte Petition for Final Discharge and Order (DE-295/GC-395) should be filed with the Clerk's Office, who will arrange to have the petition submitted to the judge for signature.