California Sample Letter for Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate
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How to fill out Sample Letter For Discharge Of Debtor And Order Approving Trustee's Report Of No Distribution And Closing Estate?
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FAQ
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.
When can an executor release funds? An executor may only release funds after creditors have been paid. This includes the CRA, who will give the executor a certificate of release when all taxes, interest, and fees have been properly paid by the estate.
In a typical probate case, you should expect the process to take between six months and a year. You should make your plans ingly, and not make any major financial decisions until you know the money is on its way. This six-month to one-year time frame is just a guideline, of course.
California law rules that the personal representative should have completed probate within 1 year of being appointed executor, administrator, or personal representative of an estate. However, as a general rule of thumb - the probate process will take anywhere from 9-18 months, with some exceptions.
The Personal Representative is required to file a petition for final distribution or a verified report on the status of the estate within one year after Letters are issued (or 18 months if a federal estate tax return is required).
Discharge (of debts) refers to the process in bankruptcy court, when a debtor is no longer liable for their debts, and the lender is no longer allowed to make attempts to collect the debt. The court will issue a decision to discharge debts.
If accounts have not been passed after two years, a beneficiary can again apply to the court to require passing of the executor's accounts. The executor will need to explain why the estate has not yet been settled.
A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the estate is in a condition to be closed.
