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 Santa Clara California Ex Parte Petition for Final Discharge and Order is a legal document filed in the Santa Clara County Superior Court. This petition is usually used in the context of probate cases to request the court's approval for the final discharge of the personal representative of an estate. The Ex Parte Petition for Final Discharge and Order is an essential step in the probate process, aiming to close the estate and distribute the remaining assets. The document outlines the necessary details to support the request for final discharge, including information about the deceased, the personal representative, and the estate's assets and debts. In Santa Clara County, different types of Ex Parte Petitions for Final Discharge and Order may exist based on various circumstances related to the particular probate case. Some examples include: 1. Ex Parte Petition for Final Discharge and Order for Summary Administration: This type of petition is utilized when the estate's value is below a certain threshold, allowing for a more simplified and expedited probate process. 2. Ex Parte Petition for Final Discharge and Order with Notice: In cases where there are potential interested parties or creditors who should be notified before the final discharge, this type of petition is filed with the required notices. 3. Ex Parte Petition for Final Discharge and Order with Waiver of Account: If all beneficiaries and interested parties agree and sign a waiver, allowing the personal representative to be discharged without providing a detailed account of the estate's administration, this type of petition may be filed. It's important to note that the specific requirements for filing an Ex Parte Petition for Final Discharge and Order may vary within different counties of California. Therefore, it is crucial to consult the local court rules and seek legal advice tailored to the Santa Clara County jurisdiction to understand the exact procedures, forms, and deadlines associated with this petition.
