Q: Does "all persons entitled to distribution" include only people mentioned in the will?
"The Personal Representative is required to file an accounting of the financial transactions that have occurred in the administration of the estate unless all persons entitled to distribution of the estate have signed a written waiver of account or a written acknowledgment that the person has received his or her share of the estate (e.g., a receipt on a preliminary distribution)."
If children are not included in the will as beneficiaries, but were listed as a person on the Petition for Probate for court notices (because of the nature of the relationship), do they still need to sign a waiver of accounting as well? Or do waivers only apply to someone receiving something?
Thank you!
A:
In California law, "all persons entitled to distribution" typically refers to the beneficiaries who are named in the will or those who are legally entitled to inherit under intestate succession laws if there's no will or applicable provisions in the will. This usually does not include individuals who are not beneficiaries or who are not legally recognized as heirs to the estate.
If children are not included as beneficiaries in the will, they generally are not considered "persons entitled to distribution" under the terms of the estate, unless state law provides them with a right to part of the estate due to intestacy laws or other provisions. However, being listed on the Petition for Probate for court notices usually does not automatically entitle them to a distribution from the estate.
Therefore, if the children are not beneficiaries and have no legal claim to the estate, they typically would not need to sign a waiver of accounting. Waivers of accounting are usually required only from those who are actually receiving a distribution from the estate. If you have specific concerns or your situation is complex, you might want to consult with a legal professional knowledgeable about California probate law.
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