Petition For Distribution

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.

Petition For Distribution 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:

Atticus Fast Facts About Petition For Distribution

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Distribution:

• 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 Petition For Distribution 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 Petition For Distribution, 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 Petition For Distribution 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 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 Petition For Distribution 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 this form 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 Petition For Distribution, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Distribution 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 Petition For Distribution 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.

Petition For Distribution 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 Petition For Distribution. You can use this to get an idea of the context of the form and what type of information is needed.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ________________________ ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) FOR COURT USE ONLY FAX NO. (Optional): TELEPHONE NO.: E-MAIL ADDRESS (Optional): AT T ORNEY FOR (Name): IN THE MATTER OF THE ESTATE OF: CASE NUMBER: Hearing Date: T ime: Department: FIRST (specify): ____________ REPORT OF PERSONAL REPRESENTATIVE; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTION AND FOR PAYMENT OF COMPENSATION (Probate Code §§ 10831, 10900, 10951, 10954, 11620, 11640, et. Seq) Petitioner(s) (name(s): alleges: 1. Decedent (name):died testate intestate on date: at (place): being at the time of death a resident of (identify state and county of residence): County:_________________ State: _______________________ . 2. Will dated and codicil (s) dated was/were admitted to probate by order of this court on . 3.a.This report concerns activity between (start date): and (end date): . (Note: if this is a first report, the start date should be the date of the decedent’s death. If this is a later report, the start date should be the end date of the prior report.) b.(1) (2) All beneficiaries and/or his heirs waive an accounting by petitioner and required waivers of accounting are on file in this proceeding. A summary of accounting and accounting schedules are attached hereto. Personal Representative 4. a. Petitioner qualified as special administrator and Letters were issued to petitioner on (date): . b. Petitioner qualified as Executor Administrator Administrator w/Will Annexed and letters were issued to petitioner on (date): . c. At all times since issuance of letters, petitioner has been and now is duly qualified as the personal representative of decedent’s estate; or Petitioner’s authority as personal representative of the decedent’s estate was terminated by court order on (date): . Page 1 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: Independent Administration 5. On by order of this court, petitioner was authorized to administer the estate with full limited authority and without court supervision under the Independent Administration of Estates Act. This authority has not been revoked. 6.a.Petitioner did not take any action without prior court approval under the Independent Administration of Estates Act for which notice of proposed action was required; or b. Petitioner took the following action without prior court approval under the Independent Administration of Estates Act for which notice of proposed action was required: i.Nature of action: Gross Sales Price (if sale): Date action was taken: When and to whom notice was given (name & date): When notice was waived and if so, by whom: Objections received: ii.Nature of action: Gross Sales Price (if sale): Date action was taken: When and to whom notice was given (name & date): When notice was waived and if so, by whom: Objections received: Continued on Attachment 6(b). Creditors 7. Notice of Petition to Administer Estate has been published for the period and in the manner as prescribed by law, and within thirty (30) days after completion of the publication there was filed with the Clerk of this Court an affidavit showing the publication in the manner and form required by law. 8.More than four (4) months have elapsed since the issuance of letters. Reasonable efforts were made to identify creditors of the estate and Notice of Administration has has not been sent to all known creditors of the estate. The time for filing and presenting creditor’s claims has expired. 9.a.Other than taxes or creditor claims otherwise addressed in this petition, petitioner has no reason to believe that any public entity listed in Probate Code §9201 has any basis for making a claim against the estate; or b.Notice was sent as follows: Date Mailed Employment Development Department: State Board of Equalization: Department of State Hospitals: 10.a.i. The notice required by Probate Code §9202(a) was mailed to the Director of the California Department of Health Care Services on (date): with a copy of Decedent’s death certificate aa. A copy of the death certificate of the decedent’s pre-deceased spouse or registered domestic partner (name): was attached. bb. The decedent was not the surviving spouse or registered domestic partner of a person who received Medi-Cal benefits. Page 2 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: 10.a.ii. The decedent did not receive and was not the surviving spouse or registered domestic partner of a person who received Medi-Cal benefits. Therefore, no notice to the California Department of Health Care Services is required. b.i.The notice required by Probate Code §9202(b) was mailed to the Director of the California Victim Compensation Board on (date): ; or ii. Petitioner knows of no heir or beneficiary that is or has previously been confined in a prison or facility under the jurisdiction of the California Department of Corrections or the California Department of Youth Authority or confined in any county jail, road camp, industrial farm or other local correctional facility. Therefore, no notice to the California Victim Compensation Board is required. c.The notice required by Probate Code §9202(c) was mailed to the California Franchise Tax Board on (date): . 11.a.No claim has been filed with the court; or b.The following claims were filed with the court: i. Allowed Claims That Have Been Paid Name of Claimant Date Claim Was Filed Amount of Claim Amount Allowed Date Claim Was Paid $ $ $ $ $ $ $ $ Continued on Attachment 11(b)(i) ii. Allowed Claims That Have Not Been Paid Petitioner requests an order to pay the following claims plus ten percent interest from the date of the order as required by Probate Code §§11422-11423: (Also see item 36) Name of Claimant Date Claim Was Filed Amount of Claim Amount Allowed $ $ $ $ $ $ $ $ Total $ Continued on Attachment 11(b)(ii) iii.Rejected Claims (For claims rejected in part and accepted in part, the claim should be listed twice. The rejected portion should be listed in this subsection, and the accepted portion should be listed in the appropriate subsection above.) Name of Claimant Date Claim Was Filed Amount of Claim Amount Rejected Date Rejection Was Served on Claimant Case Number and Status of Civil Action (If filed) $ $ $ $ $ $ $ $ Total $ Continued on Attachment 11(b)(iii) Page 3 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: 12. The following written demands for payment were received within four months after letters were first issued, and were treated as filed claims and paid before the expiration of 30 days after the four month period, and (1) the debts were justly due; (2) the debts were paid in good faith; (3) the amounts paid were the true amounts of the indebtedness over and above all payments and offsets; and (4) the estate is solvent. Date Paid Payee Description Amount Continued on Attachment 12. 13.The estate is solvent insolvent and petitioner has paid not paid all debts of the decedent and the estate and all expenses of administration except closing expenses and statutory fees. 14.a.No federal or state estate tax return has been filed because the estate was not of sufficient size to require such a return and no estate taxes are due; or b. A federal state estate tax return has been filed, taxes owing, if any, have been paid, and the estate has been released from further liability or no clearance letter for estate taxes has yet been received. 15.a. No California or federal income taxes are due or payable by the estate, and no individual or fiduciary income tax returns were filed by the estate; or b. The following income tax returns were filed: Individual Return(s) Year Date that form 1040 was filed Amount Paid / (Refund) Date that form 540 was filed Amount Paid / (Refund) Continued on Attachment 15(b). Fiduciary Return(s) Tax Year Date that form 1041 was filed Amount Paid / (Refund) Date that form 541 was filed Amount Paid / (Refund) Continued on Attachment 15(b). 16.a.No real or personal property taxes are due or payable by the estate; or b.Real or personal property taxes are due or payable by the estate as follows : Date Payment was Due Name of Taxing Entity Description of Property being Taxed Amount Due $ $ Total $ Continued on Attachment 16(b). Page 4 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: Special Notice 17.a.No requests for special notice have been filed in this proceeding; or b.The following requests for special notice have been filed in this proceeding: Name Date Filed Relationship Date Withdrawn Information regarding additional Requests for Special Notice attached as Attachment 17(b). Assets 18.The following Inventory and Appraisal(s) have been filed with the court: Date Filed Type Total Partial No. Final Supplemental Corrected/Amended $ Partial No. Final Supplemental Corrected/Amended $ Partial No. Final Supplemental Corrected/Amended $ Continued on Attachment 18. 19.The estate consists entirely of a combination of decedents separate community quasi-community property. 20. The assets on hand at the end of the period of the report are as follows: (If real property, include address, legal description, and Assessor’s parcel number): Continued on Attachment 20. Probate Code 1064 Allegations 21. a. Petitioner alleges that no family or affiliate relationship exists between petitioner and any agent hired by petitioner during the period of administration; or b. The following family or affiliates were hired: Name Capacity Retained Relationship Continued on Attachment 21. 22.a.There was no cash to invest in interest bearing accounts; or b.At all times during the period of administration, petitioner has kept all surplus cash invested in interest bearing accounts. Page 5 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: Distribution 23.a.No preliminary distribution has been made; or b.The following preliminary distributions have been made: Date of Order Authorizing Distribution To Whom Made Amount/Asset Distributed Total Continued on Attachment 23. 24.(Check one of the following:) a. No will was admitted to probate. b. The decedent’s will did not make any gift of cash or specific property. c. The decedent’s will made gift(s) of cash or specific property, but the decedent died less than one year ago. d. The decedent’s will made gift(s) of cash or specific property, and the decedent died at least one year ago. Attachment 24 shows the information required by Probate Code §§1063(d) to (f) and 12002-12006. Compensation 25. a. The statutory commissions and statutory attorney’s fee should be calculated as follows: Inventory Value: $ Plus Receipts $ (Receipts schedule must be attached) Plus Gains on Sales $ (Gains schedule must be attached) Less Losses on Sales $ (Losses schedule must be attached) Total of Estate for Calculation $ 4% of the first $100,000.00 $ 3% of the next $100,00.00 $ 2% of the next $800,000.00 $ 1% of the next $9,000,000.00 $ ½ of 1% of the next $15,000,000.00 $ Total statutory compensation: $ Prior Compensation b. No previous orders have been made approving statutory or extraordinary commissions or fees. The following orders approving statutory or extraordinary commissions or fees have been made: Date of Order Authorizing Payment To Whom Made Amount Continued on Attachment 25(b). Page 6 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: Prior Personal Representatives c. No other party was appointed personal representative of the decedent in this estate, and therefore no division of statutory commissions is necessary; or Attachment 25(c) provides a list of all parties appointed as personal representative of the decedent in this estate, including petitioner. (For each personal representative, indicate (1) the date letters issued, (2) the date letters were revoked, stricken, or superseded, (3) the portion of the statutory compensation that personal representative should receive, and (4) whether apportionment is made based on agreement or services rendered, and the facts to support the apportionment.) Prior Attorneys d. No other party has served as attorney of record for a personal representative of the decedent in this estate, and therefore no division of statutory fees is necessary; or Attachment 25(d) provides a list of all attorneys who have served as attorney of record for a personal representative of the decedent in this estate, including petitioner’s counsel. (For each attorney, indicate (1) the date representation began, (2) the date representation ended, (3) the portion of the statutory fees the attorney should receive, and (4) whether apportionment is made based on agreement or services rendered, and the facts to support the apportionment. Statutory Comissions e. i. Petitioner requests payment to the petitioner (if being split) as indicated in attachment 33(a) of: (for final reports) all unpaid statutory commissions. (if not a final report) a portion of the statutory commissions in the amount of $ because petitioner has already performed a total of (percentage) % of the ordinary services. A detailed description of the ordinary services petitioner has already performed and those remaining to be performed is provided in attachment 25(e). (Also see item 33(a).) ii. (for final reports) Petitioner waives the right to request statutory commissions as personal representative. Statutory Fees 25. f. i. Petitioner requests payment to the petitioner’s attorney (if being split) as indicated in attachment 34(a) of: (for final reports) all unpaid statutory compensation. (if not a final report) a portion of the statutory fees in the amount of $ . A detailed description of the ordinary services petitioner’s attorney has already performed and those remaining to be performed is in the attorney declaration provided as attachment 25(f), which indicates that the attorney has already performed a total of (percentage) % of the ordinary services. (Also see item 34(a).) ii. (for final reports) Petitioner’s attorney waives the right to request statutory fees. Extraordinary Compensation 26. a. Petitioner requests compensation for extraordinary services to the estate as described in attachment 26(a) in the amount of $ which has not been paid. (Also see item 33(b).) b. Petitioner requests compensation to attorney (name): for extraordinary services to the estate as described in the attorney declaration provided as attachment 26(b) in the amount of $ which has not been paid. (Also see item 34(b).) Costs 27. a.Petitioner has performed all required duties as personal representative of the estate. All costs of administration incurred to date, including costs of publication and the probate referee’s fees, have been paid and the estate is now in a condition to be closed. b. Petitioner does not request reimbursement from the estate for any filing fee, publication fee, or other costs advanced to the estate, or has already been reimbursed from the estate; or Page 7 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: 27.c.Petitioner requests an order authorizing reimbursement from the estate for the following costs advanced from petitioner’s personal funds: (Also see item 35) Date Incurred Payee Purpose Amount Total Continued on Attachment 27(c). d. Petitioner requests an order authorizing reimbursement from the estate for the following costs advanced by petitioner’s attorney: (Also see item 35) Date Incurred Payee Purpose Amount Total Continued on Attachment 27(d). e. Petitioner requests an order authorizing reimbursement from the estate to one or more other parties for costs they advanced as described in attachment 27(e): (Also see item 35). Reserve 28. a.Petitioner requests $ to be reserved for the reasons indicated below (also see item 37): Taxes and tax preparation fees County Recorder Fees Closing Expenses Other: b. No reserve is requested. Distribution of Remaining Assets on Hand 29.(Also see items 38 and 39) Petitioner requests preliminary final distribution of the remaining property in the estate as indicated in Attachment 29 as follows: Name and Relationship to Decedent Age Share of Estate 30. Other allegations attached as Attachment 30. Page 8 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: THEREFORE, Petitioner prays that: 31. The report and account waiver of account of the personal representative be approved. 32.All acts of the petitioner as personal representative be confirmed and approved. 33. a.Statutory commissions due to the personal representative be waived paid in the sum of $ to the petitioner (if being split) as indicated in attachment 33(a). b. Extraordinary commissions of $ be paid to the petitioner (if being split) as indicated in attachment 33(b). 34. a.Statutory fees due to the attorney for the personal representative be waived paid in the sum of $ to the petitioner’s attorney (if being split) as indicated in attachment 34(a). b. Extraordinary fees of $ be paid to the petitioner’s attorney (if being split) as indicated in attachment 34(b). 35. Reimbursement for costs advanced be paid in the amount of $ to the petitioner $ to the petitioner’s attorney (name): (if paid to others) as indicated in attachment 35. 36. The personal representative be ordered to pay the following creditor claims from the estate’s funds plus ten percent interest from the date of the order as required by Probate Code 11422-11423: Name of Claimant Date Claim was filed Amount Continued in Attachment 36. 37. The personal representative be authorized to reserve estate funds in the amount of $ for closing costs. a. b. (If amount is over $1,500): An accounting of the reserve will be attached to the Ex Parte Petition for Discharge (form DE-295). (If amount is $10,000 or more): An accounting of the reserve will be attached to the Ex Parte Petition for Discharge (form DE-295. Petitioner will give notice of hearing along with a copy of the Ex Parte Petition for Discharge and the attached accounting to all residuary devisees or intestate heirs. 38. Preliminary Final distribution be made as indicated in Attachment 29 as follows: Name and Relationship to Decedent Age Share of Estate Continued in Attachment 38. Page 9 of 10 Approved for Optional Use Riverside Superior Court RI-PR006 [Rev. 06/16/23] REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION IN T HE MAT T ER OF T HE EST ATE OF: CASE NUMBER: 39. (For final reports) Any property of the estate acquired or discovered after the court order for final distribution is made, including any unused portion of the reserve for closing costs, be distributed as indicated in Attachment 29 as follows: Name and Relationship to Decedent Age Share of Estate Continued in Attachment 39. 40. Other orders as attached on Attachment 40. (DATE) (SIGNATURE OF ATTORNEY) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (DATE) (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PEITIONER) (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER) Page 10 of 10 REPORT OF PERSONAL REPRESENTATIV E; PETITION FOR PRELIMINARY OR FINAL DISTRIBUTI ON AND FOR PAYMENT OF COMPENSATION