As probate lawyers serving Placer County, we are often called upon to assist clients in trust, estate and probate matters. Where a Will exists, a Petition for Probate of Will and for Letters Testamentary (Form DE-111) is filed by the petitioner. Assuming that all is in order, the Court issues Letters Testimony to the petitioner. Once the estate has been completed and information is provided to the Court's satisfaction, an order for final distribution is made and entered. Following this, the order of final discharge of the personal representative will be entered. The order of final distribution may include an omnibus clause related to distribution of newly discovered assets of decedent. Assuming that there is no such clause and new assets of the estate are discovered, the former personal representative may petition to reopen the administration of the estate on the ground that other assets in decedent's name were discovered, which should have been included in the estate. Here's how the rule applies to probate for Placer (Roseville, Rocklin, Granite Bay, etc.) and other county Superior Courts in California:
"If subsequent administration of an estate is necessary after the personal representative has been discharged because other property is discovered or because it becomes necessary or proper for any other cause, both of the following shall apply: ¶ (a) The court shall appoint as personal representative the person entitled to appointment in the same order as is directed in relation to an original appointment, except that the person who served as personal representative at the time of the order of discharge has priority. ¶ (b) Notice of hearing of the appointment shall be given as provided in Section 1220 to the person who served as personal representative at the time of the order of discharge and to other interested persons. If property has been distributed to the State of California, a copy of any petition for subsequent appointment of a personal representative and the notice of hearing shall be given as provided in Section 1220 to the Controller." (Probate Code, § 12252)
Led by Michael Hackard, Hackard Law's probate litigation team covers Placer County, Sacramento and all of Northern California - we're devoting to serving our clients and protecting their interests in estate, trust and probate matters. If you need to enter a Will into probate or are facing other estate issues, don't hesitate to call Hackard Law today at 916-313-3030.