Legal Question in Wills and Trusts in California

I have a probate accounting hearing set for a couple weeks from now in the county of San Bernardino California. It is a hearing that was continued from a month ago because a final Inventory and Appraisal had not been submitted. This has since been approved by the assigned probate referee and filed with the court. It is well over the deadline for creditors to file claims, all known debts have been paid, tax returns filed and paid and Change of Ownership forms filed with the county. From my understanding the next step is to file a Petition for Final Distribution of the Estate. I have prepared the petition and am ready to file it. I was granted full authority to administer the estate and the only heirs are myself and my brother equally, we would like to waive accounting. However, when I looked up the hearing notes online from our last hearing (which was continued) it indicates that if a Final Accounting is not filed before this next court date, the judge may turn the case to a public administrator. My question is, should I go ahead and file the Petition for Final Distribution tomorrow and if so, is that along with the Final Inventory having been filed, substantial enough for this case to not be turned over? And if not, how would I prepare a final Accounting if I have not yet distributed any of the assets aside from paying debts?


Asked on 11/17/14, 5:01 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

I don't have any experience with the probate court in San Bernardino, but based on the courts where I've done probates (several northern CA counties) you should be OK if you file a signed Waiver of Accounting by your brother, and all the necessary allegations are made in the Petition (hopefully, you are using a good book for the layperson, like a Nolo Press guide, so the formatting is all correct.) If the judge/probate examiner is annoyed because it's taken you so long to wrap up the estate, it might help if you also waive your executor's fee. Don't forget you also have to file a Notice of Hearing (judicial council form) and a proposed Order for Distribution, and once they are filed, proof of service for the notice (you have to notice him formally even if he knows all about it.)

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Answered on 11/17/14, 5:14 pm


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