Sample Petition for Termination of Probate Proceedings – PC 12251

The following is a Sample Petition for the Termination of Further Proceedings and for Discharge of the Personal Representative utilizing California Probate Code Section 12251.

This Petition is to be used when there are no assets left in the name of the Estate and the Personal Representative has nothing left to administer. For this specific Petition, we had one asset in the estate, real property – which was sold with proceeds held in an escrow account. A Small Estate Affidavit (PC 13100) was then used to transfer funds outside of Probate to the rightful her.

Upon completion of the Small Estate Affidavit, there were no assets remaining in the Estate – And upon the Probate Attorney’s recommendation, this Petition for Termination of Probate was filed. Please note that this is a specific set of facts and yours will more than likely be different. Simply use this as a template – It has been posted to assist others in need of help as I was unable to find a sample anywhere on the web.

To download a .pdf version of this Petition for Termination, Click Here.

 

Alex Avakian, Esq.
Glendale, CA
Los Angeles Probate Attorney
(785) 428-2542
Attorney for Petitioner, Client 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

Insert Proper Court Captioning Here

     Client, as Administrator of the estate of Decedent, deceased, now presents her Petition for the Termination of Further Proceedings and for Discharge of the Personal Representative and for an Order, as it appears there is no property of any kind belonging to the estate and subject to administration. The facts are presented as follows:

1. The decedent died on May 10, 2011, a resident of Los Angeles County, California.

2. Letters for Administration were granted on June 30, 2011 naming the Petitioner as Personal Representative of the estate. Both Letters and the Personal Representative remain in good standing.

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

4. The sole asset of the estate was a 60% ownership interest in real property located in Los Angeles, California.

5. Special Letters of Administration were issued on June 3, 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 $80,835.03 remained in escrow by the escrow company.

7. An Inventory and Appraisal was filed on July 27, 2011 listing the escrow account as the sole asset, valued at $80,835.03.

8. Petitioner then filed a Petition for Preliminary Distribution on August 5, 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 the Escrow Company and then file a petition to terminate further proceedings under California Probate Code 12251.

10. Petitioner then petitioned the court for approval of actions in utilizing a Small Estate Affidavit to recover funds from the Escrow Company. This Court approved the Petitioner’s actions and granted an Order to the same effect.

11. Upon the Order, the Escrow Company released the funds to the sole heir, the Petitioner, using a Small Estate Affidavit.

12. At this time, no property of any kind belongs to the estate as the 60% ownership in the real property was the only known asset. Thus, no property is subject to administration.

13. As the 60% interest in real estate was the sole asset of an estate that is now over 11 years old with no creditors and one beneficiary, the Personal Representative, Petitioner believes that filing this Petition for Termination is the most efficient and appropriate manner in which to conclude this probate.

14. Petitioner knows of no opposition to this petition.

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

1. For an Order terminating the probate proceeding,

2. For an Order discharging the Personal Representative,

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

 

 

 

 

 

 

 

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