Hello, I am currently trying to draft a Petition for Final Distribution and have come across a few questions.

Question

I am going through a sample draft provided by a local county. 
 
1) If accounting is waived, does CA still require a summary of account? I read on a forum that this might be the case but have not seen reference to this in court websites. 
 
1) INTESTATE HEIRS/DEVISEES UNDER WILL 
I researched that devisees = a person whom real estate is left to. This means I only list beneficiaries who will receive real property, correct?  
 
2) STATUTORY EXECUTOR'S COMPENSATION 
If compensation will be waived, do I still include the calculation? 
 
3) CLOSING EXPENESES 
Is it ok to request to withhold a sum of $0(zero) to offset closing costs, and as a reserve for any liability. 
Without knowing about trusts/transfer of death properties before hand, a will was made to transfer real property to family. As a small family, we are going through probate just to officially inherit said property and know there will not be any liabilities after. 
 
Thank you so much.

James L. Arrasmith · Answer

Hello! Let's address your questions one by one: 
 
1. Summary of Account: In California, even if the accounting is waived, the court may still require a summary of the account. It's a good idea to include a brief summary of the estate's financial activities, including the total value of the estate, any income received, and expenses paid during the administration process. 
 
2. Intestate Heirs/Devisees under Will: The term "devisee" generally refers to anyone who receives property under a will, not just real property. In the context of the Petition for Final Distribution, you should list all beneficiaries who are entitled to receive any assets from the estate, whether it's real property, personal property, or financial assets. 
 
3. Statutory Executor's Compensation: If you are waiving compensation, you can simply state that in the petition. For example, "The executor has waived any compensation for their services." You don't need to include the calculation if you're not seeking compensation. 
 
4. Closing Expenses: It's generally acceptable to request a zero reserve for closing costs and potential liabilities if you believe there won't be any further expenses or liabilities after the distribution of the estate. However, it's essential to ensure that all debts and taxes have been paid before closing the estate. If you're confident that everything has been taken care of, you can state in the petition that you're not requesting any reserve because all liabilities have been satisfied and you don't anticipate any further expenses. 
 
Keep in mind that while using a sample petition can be helpful, it's crucial to tailor the document to your specific situation. Make sure to review the petition carefully and ensure that all the information is accurate and relevant to your case. 
 
If you have any doubts or concerns, it's always advisable to consult with a probate attorney licensed in California to ensure that your petition is properly prepared and meets all the necessary legal requirements.

Q: Hello, I am currently trying to draft a Petition for Final Distribution and have come across a few questions.