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.
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.
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