![]() If you need help with your probate accounting, consider using an online probate specialist to facilitate the process.A. While probate accounting in California does require a certain amount of work and due diligence on the part of an estate trustee, submitting an accounting is something every trustee is required to do at least annually, and most certainly upon final distribution of the estate, unless proper waivers of the accounting can be obtained. This is why, although filing such a petition requires extra work on the trustee's part, it is a step many trustees choose to take. In other words, when a court grants a petition for approval of the final accounting, the trustee no longer faces potential liability for either mistakes made in the accounting or for their own actions as trustee of the estate. Once the court's approval is obtained, a beneficiary is no longer able to file an objection to the accounting or to make a claim challenging the trustee's actions. Because the limitation period provides beneficiaries with three years to file an objection, one approach a trustee can take to obtain certainty about the finality of their accounting is to file a petition for court approval of the accounting under section 1064. In many probate cases, beneficiaries don't file an objection, but disputes over final accounting can and do happen. As you might imagine, this can be a burdensome undertaking. If an objection is filed, you as the trustee need to prove that the information you've provided in your accounting is accurate. The interest of every person entitled to distribution from the estate has been satisfied in full.įinal accounting objections in California probate courtīeneficiaries have up to three years to file an objection or a challenge to a trustee's accounting.All persons entitled to a distribution from the estate have executed and filed a written waiver of account or a written acknowledgment that their interest in the estate has been satisfied. ![]() The need to submit a probate accounting can be waived if either of the following conditions are met: There are, however, exceptions to the rule that an accounting is required. a statement that all claims for breach of trust are subject to a three-year limitation period. ![]() ![]()
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