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Sample-Distribution

Page history last edited by abogado 9 years, 11 months ago

 

In certain situations you can complete a probate action with a comprehensive FIRST AND FINAL ACCOUNT AND REPORT OF STATUS ADMINISTRATION AND PETITION FOR SETTLEMENT THEREOF; AND FOR FINAL DISTRIBUTION

This model template is a sample for educational purposes only and should not be construed as legal advice.

Estate of GEOFF BLARE

 

Case No.: B 666 999

Letters Testamentary issued on

September 7, 2009

FIRST AND FINAL ACCOUNT AND REPORT OF STATUS ADMINISTRATION AND PETITION FOR SETTLEMENT THEREOF; AND FOR FINAL DISTRIBUTION

[Prob. C. ??1060 et seq., 10800, 10810, 10811, 12201]

Petitioner JANE BLARE (the ?Executor?), the Executor under the Will of GEOFF BLARE, deceased (the ?Estate?), respectfully presents her First and Final Account and Report of Status of Administration and Petition for Settlement Thereof as follows:

  1. Date and Time of Death:  GEOFF BLARE, (the ?Decedent?) died intestate on August 13, 2009, in the County of Riverside, State of California.  At the time of his death, the Decedent was a resident of the County of San Bernardino.
  2. Letters Issued.  Letters Testamentary were issued on August 16, 2007 naming JANE BLARE as Executor of the Estate.
  3. Authority to Act Under the Independent Administration of Estates Act. The Petitioner was granted full authority to administer the Estate under the Independent Administration of Estates Act and that authority as to the Petitioner has not been revoked.  The Petitioner did not take any actions without court approval under the Act.
  4. Report of Account and Estate Administration.  The Petitioner's account covers the period commencing April 3, 2007 and continuing through February 29, 2008. The Petitioner is chargeable with and is entitled to credits as set forth in the the Geoff Blare Estate Summary of Account, April 3, 2007 through February 29, 2008 Summary of Account and incorporated by this reference.
  5. Prob.C. ??1060 ? 1063 Allegations.  The account includes a Summary of Account as required by Probate Code ?1061.  Indicated below are the schedules required by Probate Code ??1062 and 1063 which are included in the Account and those which are not included because they are not applicable.

a.       Prob. C. ??1061(a)(1) and 1063(a) (Property on Hand at Beginning of Account period) ? Summary of Account, page 13.

b.       Prob. C. ??1061(a)(2) (Additional Property Received) ? Not applicable.

c.       Prob. C. ??1061(a)(3) and 1062 (Receipts) ? Summary of Account, pages 4 and 5.
d.       Prob. C. ??1061(a)(4) and 1062 (c) (Net Income from Trade or Business) ? Not applicable.e.       Prob. C. ??1061(a)(5) and 1062 (d) (Gains on Sales) ? Not applicable.f.        Prob. C. ??1061(a)(6) and 1062 (b) (Disbursements) ? Summary of Account, pages 6 through 9, inclusive.

g.       Prob. C. ??1061(a)(7) and 1062 (g) (Loss on Sales) ? Not applicable.
h.       Prob. C. ??1061(a)(8) and 1062 (c) (Net Loss from Trade or Business) ? Not applicable.i.        Prob. C. ??1061(a)(9) and 1062 (e) (Distributions to Beneficiaries) ? Not applicable.j.        Prob. C. ??1061(a)(10) and 1062 (f) and 1063 (a)(Property on Hand at the End of Accounting Period) ? Summary of Account, page 13.k        Prob. C. ??1063(b) (Change in Assets) ? Not applicable.l.        Prob. C. ??1063(c) (Allocation Between Principal and Income) -- Not applicable.

m.      Prob. C. ??1063(d) (Specifically Devised Property) ? Not applicable.
n.       Prob. C. ??1063(3) (Calculation of Interest)  ? Not applicable.

o.       Prob. C. ??1063(f) (Proposed Distribution) ? Not applicable.

p.       Prob. C. ??1063(g) (Schedule of Liabilities) ? Not applicable.

  1. Prob.C. ?1064(a)(1)  ? Description of Sales, Purchases, Changes in Form of Assets.   There were losses on sales as indicated on page 11 of the Summary of Account.
  2. Prob.C. ?1064(a)(2)  ? Unusual Items.  There are no unusual items requiring further explanation.
  3. Prob.C. ?1064(a)(3)  ? Compensation Paid to Fiduciary.  Compensation has been paid from the Estate to the fiduciary or the fiduciary's attorneys in the amount of $11,866.56 to JANE BLARE and $1,135 to attorney HAMILTON DECOY.
  4. Prob.C. ?1064(a)(4)  ? Disclosures.  There is no family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the reporting period.
  5. Prob.C. ?1064(a)(5)  ? Investments.  During the period of the Accounting, the Petitioner kept all cash, other than such amounts as were reasonably necessary for the Estate's administration, invested in interest-bearing accounts or other investments authorized by law.
  6. Notice to Creditors.  After the Decedent's death, the Petitioner searched the Decedent's home and received his mail to determine all known and reasonably ascertainable creditors.  The Petitioner gave notice of this administration pursuant to Probate Code ?9050 et seq to all known and reasonably ascertainable creditors described in Probate Code ?9050.  Notice to creditors was also published for the period prescribed by law.  Within 30 days after the completion of the publication of the Notice to Creditors, there was filed with the Clerk of this Court an affidavit showing publication of Notice to Creditors in the manner and form required by law.  More than four years have elapsed since the issuance of Letters of Administration in this Estate and since the first publication of Notice to Creditors.  The time for filing or presenting claims has expired.
  7. Compliance with Probate Code ?9201 and ?9202.  The Petitioner knows of no public entity to which notice is required under Probate Code ?9201.  No notice is required under Probate Code ?9202(a) as the decedent received no Medi-Cal benefits during his lifetime and is not the surviving spouse of a decedent who received Medi-Cal benefits. No notice is required under Probate Code ?9202(b) as neither the Executor nor the Estate's attorneys have any knowledge or reason to believe that any heir of Decedent has been incarcerated.  No notice is required under Probate Code ?9202(c) as it becomes operative after issuance of the First Letters of Administration in this proceeding.
  8. Creditor's Claims.  No creditors claims have been filed against the Estate.
  9. Inventory and Appraisals.  The Summary of Account contains a April 3, 2007 Inventory and Appraisement of $439, 297.44.
  10.  Personal Property Taxes: No personal property taxes are due or payable.
  11.  Real Property Taxes:  All real property taxes due and payable by the Estate have been paid.
  12.  Income Taxes:  All required fiduciary income tax returns have been prepared and filed.  The Fiduciary Income Tax Return for the year ending April 10, 2007, reflects that the taxes have been paid.
  13.   Estate Taxes:  No Estate taxes are due or will be due.
  14.   Certificate of Franchise Tax Board.  There are no non-resident devisees of the Estate, therefore no Certificate of the Franchise Tax Board is required.
  15.  Nature of the Estate Property; Property on Hand:  The Estates assets consist entirely of separate property.  The balance on hand at the close of the accounting period on February 29, 2008 is $355,980.97.  A list of the property on hand is attached as page 13, ?Property on Hand,? included within the Summary of Account, and incorporated by this reference.
  16.   Graduated Filing Fee Adjustment:  There are no filing fees to adjust.
  17.   Status of the Estate:  The Petitioner has performed all duties required of her as the Executor of the Decedent's Estate.  All costs of administration incurred to date have been paid.
  18.  Statutory Attorney's and Executor's Compensation:  Attorney HAMILTON DECOY has been paid $1,135 and Executor JANE BLARE has been paid $11, 866.
  19.  Extraordinary Attorney's Compensation:  No extraordinary legal services have been performed.
  20.  Reimbursements for Costs Advanced:  No reimbursements for costs advanced have been made.
  21.  Proposed Distribution of the Estate:  All property of the Estate has been distributed per the Geoff Blare Estate Summary of Account, April 3, 2005 through February 29, 2011.
  22.   Interested Parties; Beneficiaries:  The names of persons whose interests in the Estate are affected by this Petition are set forth in the Geoff Blare Estate Summary of Account, April 3, 2007 through February 29, 2008.
  23.  Requests for Special Notice:  No individuals or entities have filed requests for special notice.
  24.   Reserve.  No requests for reserve is being made by Petitioner.

WHEREFORE, Petitioner prays for an Order of this Court that:

1.  The administration of this Estate be brought to a close;

2.  The First and Final Account and Report of Status Administration and Petition for Settlement Thereof; and For Final Distribution of Petitioner JANE BLARE as Executor be steeled, allowed and approved as filed.

3.  All acts and proceedings of JANE BLARE as sole Executor as reflected in  the Geoff Blare Estate Summary of Account, April 3, 2007 through February 29, 2008 and The First and Final Account and Report of Status Administration and Petition for Settlement Thereof; and For Final Distribution of Petitioner JANE BLARE as Executor be confirmed, ratified and approved;

4.   The Petitioner be authorized and directed to pay herself, as the Executor of Geoff Blare's Estate the sum of $11,533.26 out of the Estate on account of the statutory compensation to which she is entitled;

5.  The Petitioner be authorized and directed to pay to HAMILTON DECOY, Esq., attorneys for the Petitioner, the sum of $1,135 out of the Estate on account of the statutory compensation to which he is entitled;

6.  Final distribution of the Estate of the Decedent in Petitioner's name and all other property of the Decedent or of the Estate, whether or not now known or hereafter discovered, be made to the persons described in the Geoff Blare Estate Summary of Account, April 3, 2007 through February 29, 2008.

7.  For such other and further orders as the court may deem proper.

Dated:  August 20, 2012                                                  Respectfully submitted,

HAMILTON DECOY,

Attorney for Petitioner

Posted August 16, 2012 at 04:38 AM

 

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