Legal Question in Wills and Trusts in California

Preliminary Distribution

I am the Individual Executor of my mother's estate.

There are other heirs. I have sold her real estate

property and would like to make a partial or preliminary

distribution of funds to the other heirs.

However, I have been told that I can't make a partial or preliminary distribution to heirs until Final distribution and accounting hearing on petition is complete. Is this true? What are the consequence if I do make the distribution? The Letter of Testamentary provides me full authority of her estate.


Asked on 3/17/05, 2:22 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Preliminary Distribution

You can petition the court to make a partial distribution if you can show that the estate isn't ready to be closed, and you file an accounting for the estate assets through the date of filing the petition. If all you have left is the final petition/account, you might as well do that and file it. If not, petition for the preliminary distribution.

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Answered on 3/17/05, 2:38 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Preliminary Distribution

your question raises a number of issues, including whether or not you needed approval from the court before selling the real property. this and the other issues all depend upon facts and documents which are specific to each probate. if you are unable to understand and comply with the probate code and local rules, you should retain an attorney.

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Answered on 3/17/05, 5:39 pm


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