Ex Parte Petition For Approval Of Sale Of Personal Property And Order

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Ex Parte Petition For Approval Of Sale Of Personal Property And Order is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

A personal representative of the estate, conservator, or guardian uses this to ask the court for permission, without holding a hearing, to sell personal property in an estate, guardianship of the estate, or conservatorship case. Can also be used by the court to state its decision (order) approving the sale.

Atticus Fast Facts About Ex Parte Petition For Approval Of Sale Of Personal Property And Order

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Ex Parte Petition For Approval Of Sale Of Personal Property And Order:

• This form pertains to the State of California

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about California’s Form DE-275 - Ex Parte Petition For Approval Of Sale Of Personal Property And Order up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form DE-275, take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form DE-275 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form DE-275 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Ex Parte Petition For Approval Of Sale Of Personal Property And Order to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit DE-275 as quickly as possible:

1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form DE-275, and when in doubt— consult a qualified trust & estates lawyer for that area.

Ex Parte Petition For Approval Of Sale Of Personal Property And Order is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form DE-275 - Ex Parte Petition For Approval Of Sale Of Personal Property And Order f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Ex Parte Petition For Approval Of Sale Of Personal Property And Order is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on California Form DE-275 - Ex Parte Petition For Approval Of Sale Of Personal Property And Order. You can use this to get an idea of the context of the form and what type of information is needed.

EX PARTE PETITION FOR APPROVAL OF SALE OF PERSONAL PROPERTY AND ORDER conservatorguardianis the of the estate and requests a court order approving sale of personal property under Probate Code section 10252. 2. a. The estate's personal property described on the reverse has been sold for cash at the price and on the date specified. (1)would have depreciated in value if not disposed of promptly. would have incurred loss or expense by being kept. (State reasons in item 2e(3).) was sold to provide family allowance pending receipt of other sufficient funds. (2) (3) legatee's consent is attached as Attachment 2c(2). c. Specific legatee of this property: none d. The sale price was not less than the actual value of the property sold and the sale was in the best interests of the estate. e. Other facts pertinent to this petition are as follows: Waivers of all special notices are attached as Attachment 2e(2). Other (specify): (1) (2) (3) (Continued on reverse) Each personal representative, guardian, or conservator must sign the petition. Form Approved by the Judicial Council of California DE-275, GC-075 [Rev. January 1, 1998] Mandatory Form [1/1/2000] 1. Petitioner (name of each; see footnote before completing): FOR COURT USE ONLY TELEPHONE AND FAX NOS.: ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: EX PARTE PETITION FOR APPROVAL OF SALE OF PERSONAL PROPERTY AND ORDER DE-275, GC-075 personal representative b. The property Probate Code, §§ 1220(c), 9630, 10000, 10002, 10260, 10261 CASE NUMBER: Date: (1) (2) Special noticehashas not been requested. 1 1 (SIGNATURE OF PETITIONER) (TYPE OR PRINT NAME) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (SIGNATURE OF ATTORNEY *) * (Signature of all petitioners also required (Prob. Code, § 1020).) (SIGNATURE OF PETITIONER)(TYPE OR PRINT NAME) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ESTATE OF (Name): CONSERVATEEMINOR DECEDENT PROPERTY SOLD Date of sale Name of purchaserItem sold Sale price Appraised value (when required by local rule) ORDER APPROVING SALE OF PERSONAL PROPERTY THE COURT FINDS the sale is proper. Date: JUDGE OF THE SUPERIOR COURT DE-275, GC-075 [Rev. January 1, 1998] THE COURT ORDERS EX PARTE PETITION FOR AUTHORITY TO SELL PERSONAL PROPERTY AND ORDER Page two The personal representative guardian conservator is authorized to sell the property described above upon the terms and conditions specified. Notice of hearing on the petition is dispensed with. SIGNATURE FOLLOWS LAST ATTACHMENT ESTATE OF (Name): CASE NUMBER: