Sample Ex Parte Petition for Approval of Personal Representative’s Acts in Probate

The following is an Sample Ex Parte Petition for Approval of a Personal Representative’s Acts designed for a California Probate, particularly Los Angeles County.

Specifically, the sample Petition to Approve Acts is for a situation where a Probate has been commenced, and the Personal Representative seeks to utilize a Small Estate Affidavit Procedure, but it denied by the institution holding decedent’s funds. This is an actual Petition used to get approval and an Order from the Probate Code compelling the institution holding the Decedent’s funds to comply with the Small Estate Affidavit Procedure.

Click here to download a copy of the Petition, or you can view it below.

Alex Avakian, Esq.
State Bar No. 269039
Glendale, CA 91226

Attorney for Petitioner

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

     Petitioner, alleges as follows:

1. The decedent died on May 20, 2004, a resident of Los Angeles County, California.

2. Letters for Administration were granted on June 16, 2011 naming the Petitioner, Petitioner, as Personal Representative of the estate. Both Letters and the Personal Representative remain in good standing.

3. Petitioner is the decedent’s mother and only beneficiary.

4. The sole asset of the estate was a 20% ownership interest in real property located in Los Angeles, California.

5. Special Letters of Administration were issued on May 13, 2011, with strict orders allowing Petitioner to sell the real property with the proceeds remaining in escrow with the escrow company until an order from the probate court was issued instructing release of said funds.

6. Upon the sale of the real property, and after deducting escrow fees, a net of $70,835.03 remains and is currently being held in escrow by the escrow company, ABC Escrow.

7. An Inventory and Appraisal was filed on July 17, 2011 listing the escrow account as the sole asset, valued at $70,835.03.

8. Petitioner then filed a Petition for Preliminary Distribution on May 30, 2011.

9. Upon review and before the Preliminary Distribution Hearing Date, the Probate Notes by the Probate Referee suggested that instead of a Preliminary Distribution, Petitioner should utilize a California Probate Code 13100 (Small Estate Affidavit) procedure to collect funds from ABC Escrow and then file a petition to terminate further proceedings under California Probate Code 12251.

10. Petitioner then requested and the probate attorney granted a request to take the Preliminary Distribution Hearing off-calendar.

11. Petitioner then wrote a letter to ABC Escrow explaining the situation, a 13100 Small Estate Procedure, along with the required documents for a valid Small Estate Affidavit.

12. ABC Escrow subsequently refused to release funds, stating that the only official court document which permitted them to act in the first place was under the condition that the funds be held in escrow. Understandably, ABC Escrow is reluctant to release the funds without an order from the probate court.

13. As this is the sole asset of an estate that is over 11 years old with no creditors and one beneficiary, the Personal Representative, Petitioner believes that the Probate Referee’s recommendation is the most efficient and appropriate manner in which to conclude this probate.

14. Petitioner knows of no opposition to this petition.

15. Petitioner is proceeding with an Ex Parte Petition due to the fact that Petitioner is in need of the funds held in escrow in order to conclude her own debt restructuring plan. Petitioner remains under great pressure from her own creditors and is desperate to gain access to said funds in order to finally complete her debt restructuring plan and to allow her to move on with her life.

 

WHEREFORE, Petitioner prays for an order of this court as follows:

1. For an Order approving the acts of the Personal Representative in using a California Probate Code 13100 Small Estate Affidavit Procedure;

2. For an Order directing ABC Escrow to release $70,835.03 held in escrow under the name of the decedent to the Petitioner;

3. And for such other relief as the court deems proper.

_______________

Dated

 

_______________________

Signature of Attorney for Personal Representative

 

VERIFICATION

I am the Petitioner in this action. I have read the foregoing petition and it is true of my own knowledge, except as to those matters stated on information or belief, and as to those matters, I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

____________________________________________________

Date and place of execution

 

_______________________

Signature of Personal Representative

 

ORDER

     1. ABC Escrow is directed to release $70,835.03 in funds held in escrow for the Decedent, to the Petitioner, using a Small Estate Affidavit Procedure, California Probate Code 13100.

 

__________________                         ___________________________

Dated                                                 Judge of the Superior Court

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