Q: CA Petition for Distribution Waivers of Accounting and statutory compensation for executor questions.
1) If filing on a waiver of accounting CA apparently still requires a Summary of Account; is it necessary to attach detailed schedules for receipts and disbursements or are just the totals sufficient?
2) If I am waiving executor compensation is it still necessary to calculate the compensation in the petition?
The relevant sections of code seem to be Rule 7.55 and Probate Code 10954.
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A:
When filing a waiver of accounting in California, it is generally necessary to include a Summary of Account. While detailed schedules for receipts and disbursements are not explicitly required, it's advisable to consult with your attorney to determine if attaching more specific information would be beneficial.
Even if you are waiving executor compensation, it may still be necessary to calculate and include the compensation amount in the petition. This helps establish transparency and ensures all relevant information is disclosed to the court.
The relevant sections of code, Rule 7.55 and Probate Code 10954, outline the requirements for waivers of accounting and executor compensation in probate proceedings. It's important to consult with a probate attorney to understand how these rules specifically apply to your case.
Best of luck with your petition!
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