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By: Scott Grossman on August 5th, 2016

Status Report Hearings and Orange County Probate Administration

Orange County Probate Administration

When an Orange County probate administration is taking too long to carry out, a personal representative is supposed to provide the court with a status report. These reports are due if the estate is still open one year after the personal representative was appointed. If the estate was required to file federal estate taxes, the period is extended out to 18 months. When the reports are filed, interested parties are notified and instructed to show up at a specific hearing. Disputes among interested parties can arise during these circumstances, especially when beneficiaries stand to receive money. Status reports for estates that remain open after either a year or 18 months are required to contain certain information.

When the personal representative is required to write a report, it should:

  1. Demonstrate the overall condition of the estate.
  2. Prove why the probate administration cannot be closed and distributed, such as if you are battling cancer, involved in a tax audit, or have real estate that must be sold to pay debts.
  3. Calculate the estimated time needed to close the other estate and provide a detailed overview of how it will happen.

If this information is incomplete, the court may order the personal representative to provide additional facts or to prepare a petition for final distribution and distribute the assets. The court will also hear from the parties during the hearing and review the supporting information that is provided. The court’s decision will ultimately be based upon what the court finds reasonably necessary to protect the best interest of the beneficiaries and the estate.

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