Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney to address your specific circumstances.
Detailed Answer
In California probate proceedings, a personal representative (PR) must prepare and file an accounting before distributing estate assets. Under Prob. Code § 10800, the court or any interested person may require the PR to render a general or special account. Once the PR files the account, the court sets a hearing to review and approve it.
Before that hearing, the PR must serve a copy of the account and notice of hearing on all interested persons. California Probate Code § 10810(a) mandates service at least 15 days before the hearing. Interested persons include heirs, beneficiaries, creditors, and others with a financial stake in the estate.
If you are an interested person and have not received the accounting or notice of hearing, you can take these steps:
- Review court filings. Once filed, the account becomes a public document. You can obtain a copy from the county probate clerk’s office under Gov. Code § 632.
- Request a copy from the PR. While the PR must serve formal notice, good practice calls for voluntary delivery of copies on request.
- File a petition to compel an accounting. If the PR still withholds the account, you may petition the court under Prob. Code § 10950. The court then orders the PR to produce the account and schedules a hearing.
Exceptions apply. In small estate summary procedures (Prob. Code §§ 11620–11621), the court may allow distribution without a formal account. Always confirm which probate track applies in your matter.
Helpful Hints
- Identify your status: heirs and beneficiaries qualify as interested persons.
- Keep track of deadlines: notice must occur at least 15 days before the accounting hearing.
- Use court records: public filings at the probate clerk’s office often include the accounting.
- Document your requests: send any accounting requests to the PR in writing and keep copies.
- Consider professional help: a probate attorney can guide you through petitions and court hearings.