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Probate - Reimbursement for Cost in Final Petition

Los Angeles, CA |

When an executor requests reimbursement of administration cost in the Final Petition, does evidence of payment such as invoices, canceled checks, receipts need to be included as exhibits? What happens if no document is available, i.e. executor charged for storage of decedent's items?

Thank you.

Attorney Answers 2

  1. You are missing some facts in your question to allow me to give you a full answer. If the executor stored the items in their home then they cannot charge the estate for that. However, if the decedents personal property was stored in rented storage or a safe deposit box in the name of the estate then the expense is payable by the estate. It is always a good idea to have receipts for any expense of the estate. Bank statements and statements for investment accounts must be produced. If you cannot prove the expense, the executor may not be reimbursed by the order of the court from the estate. For a compete answer, consult with a probate attorney and bring all receipts and records plus the will to the meeting.

    Nothing contained in the information on this web site is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. This web site is intended for educational purposes only. Michael R. Weinstein, is licensed to practice only before the courts of the State of California, and is admitted to practice before the United States District Court for the Central District and the United States Cou rt of Appeal for the Ninth Circuit. No information contained herein is to be considered applicable to legal matters in domestic or foreign jurisdictions outside of the State of California.

  2. If there are no receipts the court will typically not approve the expenses. They must be real costs that were paid and supported by invoices and canceled checks.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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