I am pro per representing my mother's deceased estate for myself and 3 siblings. I am finally at the final stage of the probate process. I have already submitted the Petition for Final Distribution (hearing date is 07/15/15) but would like to update a section to indicate that I have received a letter from the Franchise tax which said that the estate has no outstanding debts. Do I submit a supplement? If so how do I legally write out to indicate the section..eg. clause 7, page 5, line 2 and 3..... or can I just send in the letter from the franchise tax with a cover letter to the clerk indicating the reason for the letter? Thank you for any help.
File a declaration in support of the petition. In the declaration, reference the petition, the clause about the franchise tax board, and the facts about your receiving the letter only after the petition was filed. It does not need to be long, but it should have a caption page with the case number and matter. Use a proof of service and serve it on the same parties that received the petition.
Yes. You can and should file a supplement to the petition previously filed. This is necessary to clear any probate notes and get the supplemented petition approved.
1. File supplement and declaration in support of supplemented petition. In declaration, reference the petition, clause about FTB, facts regarding receipt of letter only after petition was filed. It does not need to be long, but it should have a caption page with the case number and matter.
2. Use proof of service and serve all affected parties
No. Letter to clerk of court not sufficient.
Prepare and file a Verified Written Supplement to the Petition, stating that you received written verification from the Franchise Tax Board that no outstainding taxes are owed. That will take care of it. File it within 10 days of the hearing date.
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