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Probate Petition for Final Distribution

Los Angeles, CA |

We have filed a Petition for Final Distribution with proposed distribution amounts calculated based on available cash on hand in the estate. However, the hearing is in 4 months and interest will accure on the cash until distribution. Do we need to file a supplement to amend the amounts of distribution to each beneficiary? Do we need to have a revised proposed order with revised distribution amounts available at the hearing? How should we proceed?

Thank you very much.

Attorney Answers 3


Most of the time you can add a residuary order to the effect that any residue after the ordered disposition will be distributed to the heirs/devisees in the proportions as approved. That should take care of the (presumably) minimal interest.

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I agree with the prior attorney. In PA, you merely do a "hand up" with the orphans court of the additional interest and how it is to be split up. Check with CA estate counsel to be sure of their procedures.

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First, I want to congratulate you for getting your probate action to the point of a petition for final distribution without any help in Los Angeles County Superior Court. I have watched many a pro per administrator struggle and fail to meet the Court's requirements, at great cost and delay to themselves and their family.

In California, a residuary clause is typically included in the petition to approve the final accounting and for distribution. You may supplement your petition. You are probably familiar with probate attorney notes by now -- begin looking for them several weeks before your hearing. Comply with all requests and make sure the supplements are on file at least 5 days before the hearing. Do not forget to also have a proposed order with a self-addressed stamped envelope on file as well.

I am a little concerned, since including a residuary clause is almost always done. Its omission concerns me that the form you are using for your model for the petition for final distribution may not be very complete. You may wish to consult with an attorney to make sure your petition results in a distribution now rather than several months from now, since a continued hearing is usually 9 to 12 weeks in the future in most Southern California courts..

Finally, when you do receive your order, do not forget to obtain receipts and apply for a discharge.

The answers provided are for general information purposes, and are not legal advice. By providing this general information, we are not representing the questioner or any other reader. Do not rely on this advice as personal legal advice.

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