My aunt who lived in San Francisco died in December 2009. Her will was admitted to probate in March 2010. She had a condo that was sold in Feb 2011.
My brother is the executor of the estate. There is another estate here in NY where there should be some additional proceeds going into the California estate but that won't happen for another few months.
I understand why the estate can't be closed. Is there any reason why he can't make a preliminary distribution in the interim. He is working with an attorney but my emails have gone unanswered.
Do you have any suggestions or can you recite a probate code that I can remind them about? Would writing the judge bring any results.
Mr. Mashal is correct. Also,I read your comment in which you ask if the executor was granted authority under the Indpendent Administrations of Estates Act a hearing would still be required. The answer to that is, yes. Distributions from an estate to beneficiaries can done pursuant to the court's order. Please also see Prob Code § 11623(a) which say, in part, "Notwithstanding Section 11601, if authority is granted to administer the estate without court supervision under the Independent Administration of Estates Act, Part 6 (commencing with Section 10400):(1) The personal representative may petition the court for an order for preliminary distribution on notice as provided in Section 1220. Notwithstanding subdivision (c) of Section 1220, the court may not dispense with notice unless the time for filing creditor claims has expired."
Also, it does sound as though you understand the process in California vs. New York. But, just to be sure, the California Probate should be able to be closed independently from the ancillary New York probate.
You might first contacting the estate attorney. If you are unsuccessful in convincing the attorney to file for preliminary distribution, you should consult an attorney on your own.
Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.
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Take a look at Sections 11620 through 11624 of the California Probate Code (see link below). Generally, California law allows a preliminary distribution to take place if "at the hearing it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person" and the court-required bond has been posted. Be sure to consult your own attorney to protect your legal rights.
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