#ORDER APPROVING JUDICIAL CONSENT FORM HOW TO#
#ORDER APPROVING JUDICIAL CONSENT FORM CODE#
#ORDER APPROVING JUDICIAL CONSENT FORM PLUS#

If an accounting is filed, the fee base used to calculate the statutory fee also includes income received during administration, plus gains over the appraised value on assets sold during administration, minus any losses from the appraised value on assets sold during administration. ВЅ of 1% of the next fifteen million dollars ($15,000,000).ДЇor all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

The formula for calculating the fee is as follows, from Probate Code Section 10810:Д¤% of the first one hundred thousand dollars ($100,000), plusДЈ% of the next one hundred thousand dollars ($100,000), plusДў% of the next eight hundred thousand dollars ($800,000), plusДЎ% of the next nine million dollars ($9,000,000), plus If the representative does not file a status report, anyone interested in the estate may petition the court to obtain a status report, or the court on its own motion may require the report and cite the Personal Representative into court to comply.ДЇailure of the Personal Representative to comply with the order is grounds to have his or her letters revoked, and the court may also reduce compensation if the time for administration exceeds one year (or 18 months if a federal estate tax return is required).Д¬alifornia law allows both a Personal Representative and the attorney for the Personal Representative to take a fee (referred to as a statutory fee) for ordinary services, calculated as a percentage of the appraised value of the estate property. You have the right to petition for an account under Section 10950 of the California Probate Code.ДЄt the hearing, the court may order that the estate may remain open for such time and on such conditions as the court finds reasonable if it is in the best interests of the estate and the beneficiaries, or the court may order the representative to file a petition for final distribution. The Notice of Hearing must include the following statement in not less than 10-point boldface type in substantially the following words: (Form DE-120, Judicial Council) must be sent to persons interested in the estate at least 15 days prior to the hearing. The status report is set for hearing in the same manner as any other probate petition. The status report must show the condition of the estate, the reasons why it cannot be closed and distributed (for example, if there is ongoing litigation, or an estate tax audit, or real property that must be sold to pay debts or cash gifts), and the estimated time needed to close the estate. If the estate cannot be closed within one year after issuance of Letters (or 18 months if the estate is required to file a federal estate tax return), the Personal Representative must file a verified report on the status of the estate. If the Personal Representative wants to receive compensation for his or her services, a petition for fees should also be included in the petition for final distribution.ДЄ final account does not have to be filed if all the persons entitled to distribution of the estate sign a written waiver of account or a written acknowledgment of receipt of their share of the estate. The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution. The Personal Representative is required to file a petition for final distribution or a verified report on the status of the estate within one year after Letters are issued (or 18 months if a federal estate tax return is required).

How to be discharged from personal liabilityДЄ final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the estate is in a condition to be closed.

Common errors made in preparing the final account, report and petition for final distribution.

How do I prepare the petition for final distribution?.

How are fees determined for the personal representative and attorney?.

When can I close the estate and distribute the assets?.

#ORDER APPROVING JUDICIAL CONSENT FORM PLUS#

#ORDER APPROVING JUDICIAL CONSENT FORM CODE#

#ORDER APPROVING JUDICIAL CONSENT FORM HOW TO#

Order approving judicial consent form