Get First And Final Report Of Personal Representative; Petition For Final ... - Riverside Courts Ca

ing to California Probate Code 10309, a property going through probate must sell for at least 90% of the appraised value within one year prior to the sale. If an offer of at least 90% of the appraised value is received on the property, and the Executors are satisfied with it, a court hearing date is set.

After probate is closed, upon receiving their section of the assets, heirs and beneficiaries must sign a receipt of distribution that indicates the distribution of estate assets. Then, the personal representative must file these signed receipts with the court.

How long does probate take? California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.

What must I do to close the estate? The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.

(a) “Personal representative” means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the ...

An order for final distribution in California probate is conclusive to the rights of heirs and devisees in a decedent's estate. The order also releases the personal representative from claims by heirs and devisees, unless, of course, there is fraud or misrepresentation present.

In California, if there was a will, and a personal representative was named in the will, that person is referred to as an “executor.” However, if there was no will, or if the will does not name someone, the court will appoint a personal representative, referred to as the “administrator.”

The earliest date the personal representative can file a California petition for final distribution of the decedent's estate and personal property is four months after the court issued letters of administration.