Q: Judgement of Final Distribution sample
"[name of personal representative], as [executor/administrator/administrator-with-will-annexed] of the Estate of name of decedent], deceased, having filed [his/her] [title of petition as stated in caption], and the report and petition coming on this date regularly for hearing, in Department [] of the above court, the Court finds:"
1) I'm presuming "title of petition as stated in caption" is the title used in the Petition for Final Distribution?
2) What does "and the report and petition coming on this date regularly for hearing" mean? I know it is a sample so I would only want to include details that pertain to our case.
Also, when mailing out notices of the Final Judgement hearing, does everyone who was originally included on the "Petition to Probate" need to be included or just the people mentioned in the Will? An adult child not included in the Will and alternate executors were mailed notices for the Petition for Probate.
Thank you!
A:
Here are my thoughts on your questions:
1) Yes, "title of petition as stated in caption" refers to the title used in the Petition for Final Distribution. It should match the exact wording of the title on that petition.
2) The phrase "and the report and petition coming on this date regularly for hearing" essentially means that the hearing for the petition was properly scheduled and noticed for that particular date in accordance with court procedures. You can include this standard language even if some of the details differ in your case.
Regarding who needs to be mailed notice of the hearing on the Petition for Final Distribution and Judgment:
- Generally, notice should be given to all persons interested in the estate, including heirs, beneficiaries, and creditors.
- This typically includes anyone named in the decedent's will, even if they are not receiving any assets under the proposed distribution (like the adult child not included).
- Alternate executors named in the will should also receive notice, even if they are not serving in that role.
- The safe approach is to mail notice to everyone who received notice of the original Petition for Probate, unless they have formally waived further notice in writing.
However, to be certain, I would advise checking your local court's rules and consulting with an experienced probate attorney in your area, as notice requirements can vary by jurisdiction. The court clerk may also be able to provide guidance.
The key is that the court wants to ensure all interested persons have been notified and given an opportunity to object before the estate is closed and assets are distributed. When in doubt, providing notice is usually the prudent course of action.
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