Describing Distribution of Assets to the Probate Court: Avoid Errors

After serving as trustee for the trust of your loved one, you are preparing to submit the final account and related filings in order to attempt to wind down the process. It is vital that you avoid errors.The probate court requires that you describe in detail the manner in which the estate is to be distributed. Many attorneys fail to make this description properly.

In order to avoid errors, consider the following helpful tips:

  1. First of all, clearly designate the heirs and list their relationship to the decedent.
  2. Then list all facts that pertain to any disclaimer and their effect on such retainer.
  3. Furthermore, if assignments were made, submit them to the court for review.
  4. Additionally, if preliminary distributions were made, list them clearly and include the date of filing of orders.
  5. Also track the terms of the will clearly and the associated distribution of assets.
  6. Explain any unusual circumstances, abatements, or ademptions.
  7. If the will divides the assets into fractional or percentage shares for two or more beneficiaries, detail the computations used and the amounts distributed to each beneficiary.
  8. Lastly, seek assistance from an experienced attorney who will help you prepare all of the necessary forms.

Describing the distribution of the estate is just one aspect of the process of closing the probate administration. To learn more, view our free article, “6 Steps for Closing a Probate Administration in California.”

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Probate (noun):

The process of proving in court that the will of a person who has died is valid. It involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.

Beneficiary (noun):

A person who benefits from a trust, will, or life insurance policy. This includes heir, heiress, inheritor, legatee; recipient, receiver, payee, donee, assignee; devisee, grantee.

Related Link:

Errors for Executors to Avoid

 

 
Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307