Filing an Ex Parte Petition & Order for Discharge

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Key Takeaways
What Is the Ex Parte Petition and Order for Discharge?
Why the Final Step in Probate Matters
How to Handle Beneficiary Receipts
What If a Beneficiary Refuses to Sign a Receipt?
Submitting the Ex Parte Petition to the Court
What You Can Expect After the Court Discharges You
Related Resources
FAQ
How The Grossman Law Firm Can Help

Key Takeaways

Filing the ex parte petition and order for discharge is the final step in the California probate process.
The court uses this petition to confirm that all distributions have been made and probate is complete.
Beneficiaries are typically asked to sign receipts acknowledging they received their distributions.
If a beneficiary refuses to cooperate, there are workarounds to provide the court with proof.
Once granted, the discharge ends your legal duties as personal representative and releases any probate bond.

What Is the Ex Parte Petition and Order for Discharge?

After the court has approved the final distribution of the probate estate, one final filing is needed: the Ex Parte Petition for Final Discharge and Order. This document lets the court know that:

The property was distributed as ordered
All parties received what the court directed
All approved fees and reimbursements were paid

Once this petition is approved, the personal representative (executor or administrator) is officially discharged from their duties. This means probate is over.

Why the Final Step in Probate Matters

The Ex Parte Petition for Discharge is more than a formality—it’s your final protection.

Without this filing, your role as personal representative remains legally open. That means:

The court can still hold you accountable
Your probate bond (if applicable) remains active, and you may be billed for additional years

Once discharged, you are no longer responsible for the estate, and your bond company is notified that their liability ends. If you paid for a second year of bond coverage but only used a portion of it, you may receive a refund.

How to Handle Beneficiary Receipts

To file the petition, you’ll need proof that distributions were made. This typically means:

The personal representative sends checks or payments to the beneficiaries.
The personal representative delivers tangible items according to the will or court order.
Each beneficiary signs a receipt confirming what they received.

At The Grossman Law Firm, we assist clients in preparing these receipts. They are simple, straightforward acknowledgments like:

“I received $12,500 as my distribution from the estate.“

“I received Mom’s sewing machine as stated in the will.”

Most beneficiaries cooperate once they receive their check or item. However, there are times when a beneficiary refuses to sign.

What If a Beneficiary Refuses to Sign a Receipt?

Unfortunately, not every beneficiary will be cooperative. Here’s how we handle that:

If the distribution was money:

Keep a copy of the canceled check (front and back).
We prepare a declaration stating the check was mailed and cashed.
This serves as evidence that the beneficiary received their inheritance, even without a signed receipt.

If the distribution was a physical item:

Take photographs or videos of the item being packaged or delivered.
Use tracking numbers or delivery confirmations for mailed items.
If the item is large, arrange for in-person pickup and try to get a signature at the time of transfer.

Suppose the recipient refuses to cooperate; your declaration and documentation will still allow the court to approve the discharge.

Submitting the Ex Parte Petition to the Court

Once we’ve gathered receipts (or sufficient proof), we prepare and submit the Ex Parte Petition for Final Discharge and Order to the probate court.

No hearing takes place for this petition.
A probate examiner or clerk reviews the documents.
If everything is in order, the court reviews the filing and signs the order—usually with the judge’s stamped signature.

This document serves as proof that your probate duties are over.

What You Can Expect After the Court Discharges You?

Once the court grants your discharge:

Your legal responsibilities as executor or administrator officially end
If you had a bond, the bond company is notified, and coverage ends
If you paid for an additional year of bond coverage but didn’t use it, you’ll likely receive a partial refund

This is the final step of probate—and it means you’ve fulfilled all your duties successfully.

Related Resources

For more guidance on wrapping up probate or understanding your responsibilities as a personal representative, check out:

FAQ

What is an ex parte petition in California probate?

It’s a final request to the court—made without a hearing—confirming that the estate was distributed as ordered and asking to discharge the personal representative.

Do I need beneficiary signatures to file for discharge?

Yes, unless you have other proof (like canceled checks or delivery confirmation). Courts will accept alternative documentation if a beneficiary refuses to sign.

What happens if I don’t file for discharge?

You remain legally responsible for the estate, and your probate bond may stay active (and continue to charge you). Filing for discharge protects you and closes the case.

Do I need an attorney to file the petition?

While not legally required, working with a probate attorney ensures the petition is complete and avoids delays due to missing or incorrect paperwork.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.

Call (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.

Originally Published November 1, 2018