The Finishing Line: Filing for Discharge from California Probate Duty

The time for filing for discharge has finally come. For the executor or the administrator the moment cannot come too soon. At last, the decedent’s estate has been inventoried and appraised, all creditors have been paid, and all assets have been distributed to their rightful heirs and beneficiaries.

The Final Step: Filing for Discharge

The personal representative is ready to be discharged from their duties. The representative fills out the Ex Parte Petition for Final Discharge.  Then they send it to the court with the necessary enclosures. When the judge approves the forms the process is closed. Now the representative is discharged from any further duties.

It is better not to send the form too quickly. After the distribution of the assets, the representative often has to sign more papers related to the transfer, such as fiduciary income tax returns.
If the representative had to post a bond while administering the estate, he or she should send a copy of the Order of Final Discharge (a copy of the Final Discharge signed by the judge) to the bonding company to cancel the bond and recover any unearned premium.

A surety bond premium is usually not refundable for the first year.

Talk to San Diego estate planning and probate attorney Scott Grossman about your situation and the questions you have. Call our lawyers at (951) 683-3704 or (888) 443-6590 for your FREE 30-minute telephone consultation. Also, order our FREE book The Insider’s Guide to California Probate and Trust Administration.

 
Scott Grossman

Scott Grossman

Attorney

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

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