Contra Costa California Ex Parte Petition for Final Discharge and Order

State:
California
County:
Contra Costa
Control #:
CA-DE-295
Format:
PDF
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Description

This form, Ex Parte Petition for Final Discharge and Order, is an official form from the California Judicial Counsel, which complies with all applicable laws and statutes. USLF amends and updates the Judicial Council forms as is required by California statutes and law. This is a request by a personal representative, conservator or guardian of an estate (who has transferred all property of the estate as required by a final order and all preliminary orders for distribution or liquidation filed in this proceeding) for discharge as personal representative, conservator or guardian of the estate. The form includes a statement that all required acts of distribution or liquidation have been performed.

The Contra Costa California Ex Parte Petition for Final Discharge and Order is a legal document used in the probate process to request the final discharge of an executor or administrator of an estate. This petition serves as the final step in closing an estate and releasing the personal representative from further responsibilities and liabilities associated with the estate administration. In the Contra Costa County of California, there are two different types of Ex Parte Petition for Final Discharge and Order, depending on the circumstances of the estate. The first type is the Ex Parte Petition for Final Discharge and Order with Waiver of Account. This petition is filed when all beneficiaries of the estate reach a mutual agreement to waive the requirement of the personal representative's detailed financial accounting. In this case, the petition includes a request for discharge without preparing and filing the formal accounting report. The second type is the Ex Parte Petition for Final Discharge and Order with Account. This petition is filed when the beneficiaries do not agree to waive the accounting requirement. The personal representative must prepare and file a detailed accounting report, disclosing all financial transactions during the estate administration period. The court will review the accounting report before issuing the final discharge and order. The Ex Parte Petition for Final Discharge and Order must include specific information to be considered valid. This may include details about the deceased individual, the personal representative's appointment, the assets and liabilities of the estate, an inventory of property, any outstanding debts, and the distribution plan for the estate's assets among the beneficiaries. To file the Ex Parte Petition for Final Discharge and Order, the personal representative must arrange an appointment with the probate court. After the petition is filed, a hearing date will be scheduled, during which the court will review the documents presented and inquire about their accuracy and completeness. It's important to note that the process for filing and obtaining the Final Discharge and Order may vary depending on the specific rules and regulations of Contra Costa County in California. Therefore, it is advisable to consult with an experienced probate attorney to ensure all legal requirements are met and the petition is properly filed.

The Contra Costa California Ex Parte Petition for Final Discharge and Order is a legal document used in the probate process to request the final discharge of an executor or administrator of an estate. This petition serves as the final step in closing an estate and releasing the personal representative from further responsibilities and liabilities associated with the estate administration. In the Contra Costa County of California, there are two different types of Ex Parte Petition for Final Discharge and Order, depending on the circumstances of the estate. The first type is the Ex Parte Petition for Final Discharge and Order with Waiver of Account. This petition is filed when all beneficiaries of the estate reach a mutual agreement to waive the requirement of the personal representative's detailed financial accounting. In this case, the petition includes a request for discharge without preparing and filing the formal accounting report. The second type is the Ex Parte Petition for Final Discharge and Order with Account. This petition is filed when the beneficiaries do not agree to waive the accounting requirement. The personal representative must prepare and file a detailed accounting report, disclosing all financial transactions during the estate administration period. The court will review the accounting report before issuing the final discharge and order. The Ex Parte Petition for Final Discharge and Order must include specific information to be considered valid. This may include details about the deceased individual, the personal representative's appointment, the assets and liabilities of the estate, an inventory of property, any outstanding debts, and the distribution plan for the estate's assets among the beneficiaries. To file the Ex Parte Petition for Final Discharge and Order, the personal representative must arrange an appointment with the probate court. After the petition is filed, a hearing date will be scheduled, during which the court will review the documents presented and inquire about their accuracy and completeness. It's important to note that the process for filing and obtaining the Final Discharge and Order may vary depending on the specific rules and regulations of Contra Costa County in California. Therefore, it is advisable to consult with an experienced probate attorney to ensure all legal requirements are met and the petition is properly filed.

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Contra Costa California Ex Parte Petition for Final Discharge and Order