California Probate Form DE-295 Ex Parte Petition for Final Discharge and Order is a required document to close a probate. It is the last document filed with the Court. Typically it is followed a few months after the final accounting is approved. Receipts are filed along with the Form DE-295 and the Court clerk approved the final discharge. Most California probate Courts require this final discharge to be done. Failure to do so can cause the Court to order a person to appear in Court and show why it has not been done yet.
Probate takes a minimum of 7 months in California. That is, for a full probate or standard probate it takes seven months. It might take longer but it really can’t take less.
Here are three key points:
1) START THE PROCESS: It amazes me how long some people wait to start the probate. There is rarely a case where it makes sense to delay the starting of probate. As I tell my clients probate can not end until 7 months after it starts so might as well get it started!
2) LETTERS ISSUING: The day letters issue is generally 6-7 weeks after the initial probate petition is filed at the courthouse. That is, the Judge signs an order and then letters can issue. Letters is what allows the Executor to stay in the decedent’s shoes and transact business. More formally letters are called Letters
Lost a good friend today. Jonathan was only 44 years old. Lost a battle with a brain tumor. Of course I talk to clients every day of the week who are dying, who have just lost a loved one or, in the best case, are talking about dying in the distant future. In all my cases death and dying are at the core. It’s what I do for a living. It’s all I do. I am an estate planning and probate attorney. Losing a good friend, a friend my age, reminds me about the brevity of life. Live life to the fullest and savor it. -John
California Probate Form DE-270 Ex Parte Petition for Authority to Sell Securities and Order does exactly what the name implies. It allows the Personal Representative, Administrator, Executor, Guardian or Conservator to sell securities. In most probates the PR has authority under the Independent Administration of Estates Act so this Court order would NOT be required. However, if no IAEA authority then this Court order would be required to sell. By being “ex parte” it means it will be reviewed by the Judge on an expedited basis rather than waiting for a traditional Court date 6-7 weeks out.