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Ray, Lawyer
Category: Legal
Satisfied Customers: 41035
Experience:  30 years in civil, probate, real estate, elder law
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I was conservator of my dad's estate and person, he died in

Customer Question

i was conservator of my dad's estate and person, he died in may and we just went to court for the final accounting of the estate including distribution to my mom his spouse of all the remaining assets approx $125k in liquid accounts. Hearing was held and court approved the accounting and distribution to spouse. court asked for us to prepare an order. what form do we need to prepare and submit to the court, I can't seem to find an official form
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has anything been filed or reported?
Customer: the hearing mnutes have been filed indicating approval of the accounting and distribution to spouse
JA: Anything else you want the lawyer to know before I connect you?
Customer: i don't think so
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.
Expert:  Ray replied 9 months ago.

This a good step by step to make sure you have done everything.Appreciate the chance to help you today.

  1. Judgment of final distribution

    The proposed Judgment of Final Distribution should be submitted to the court at least 10 days prior to the hearing (but preferably at the time the Petition for Final Distribution is filed). The Judgment must follow the contents of the Petition for Final Distribution and should be very specific as to the heirs and beneficiaries who are to receive property from the estate and their percentage or specific interest in each item.

    Each asset should be listed in detail, as described in the Inventory and Appraisal. Click to see a sample copy of a Judgment of Final Distribution . After the Judgment has been approved by the judge and signed, at least one certified copy should be obtained, for the Personal Representative's records and for recording, if the estate included real property.
  2. Obtaining and filing receipts

    The Personal Representative must obtain the receipt of the persons receiving property from the estate. In the case of real property, the Personal Representative should record a certified copy of the Judgment of Final Distribution in the county in which the real property is located. Recordation of the order is considered to be a Receipt from Distributee for the property.

    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.

  3. How to be discharged from personal liability

    Distribution of the estate assets in compliance with the court order entitles the Personal Representative to a full discharge with respect to property included in the order. A decree of discharge protects the Personal Representative from subsequent suit for alleged misdeeds during the term of administration.

    Until the entry of an order discharging the Personal Representative, the administration of the estate is not completed, and the court continues to have power over the Personal Representative for the purpose of compelling execution of its orders.

    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.