Yucaipa, CA asked in Probate for California

Q: Does the administrator of the estate have to ask the court's promission if my daughter would like to get an advance on

her inheritance? The probate is going on now for years and it will go on for another year. Does the other members of the probate need to be notified of this request? The probate is in Los Angeles County. I am trying to save our inherited home from the same probate.

Related Topics:
1 Lawyer Answer
Bill Sweeney
Bill Sweeney
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: A petition for preliminary distribution under Probate Code Section 16200, 11602, and 11620 may be filed by any interested person - they must be able to show a direct pecuniary interest in the distribution.

Authorization to make a preliminary distribution is obtained by filing a noticed petition with the court under Probate Code Section 11600-11602 and 11620-11622. Notice must be given as provided in Probate Code Section 1220 to the beneficiaries and other interested parties listed in Probate Code 11601. Such notice will quickly determine if any parties object to the proposed distribution and they may file their opposition with the Court or make an appearance to object.

Petitions for preliminary distribution require the court to make the following specific finding of fact: For all petitions, a finding that the “distribution may be made without loss to creditors or injury to the estate or any interested person.” Probate Code Section 11621.

There are no express limitations on the amount of property that can be distributed under a petition for preliminary distribution filed under Probate Code Section 11620 as long as the court determines that adequate protection exists for the creditors and those interested in the estate. Realistically, the Court will require ample funds remain for any likely obligation of the estate to creditors, tax authorities, litigation, etc.

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.