Estate Closing Pleadings Form

ESTATE CLOSING PLEADINGS

Court:   County:   Case No.:

In the Matter of the Estate of: , Deceased. Date of death:

Petitioner (Personal Representative): , Attorney for Petitioner:

RECITALS

WHEREAS, the decedent named above died on leaving assets requiring administration under probate law; and

WHEREAS, Letters Testamentary/Letters of Administration were issued to the Petitioner on and Petitioner has completed administration as set forth in the Final Account; and

WHEREAS, notice to creditors has been provided in accordance with applicable law and the claims period has expired or all claims have been otherwise resolved as described below.

NOW, THEREFORE, Petitioner files these Estate Closing Pleadings and requests entry of an order approving the Final Account, settling costs and fees, approving distributions, and closing the estate.

1. FINAL ACCOUNT AND STATEMENT OF ADMINISTRATION

Petitioner submits the Final Account of administration for the period beginning on the date of appointment and ending on the date of closing. The Final Account reflects the receipt, administration, disposition and balance of estate assets as follows:

2. PROPOSED DISTRIBUTIONS

Petitioner proposes the following distributions in accordance with the will or statutes of intestacy. Petitioner requests approval of the distributions and authority to make final transfers to the beneficiaries listed below.

3. CREDITORS' CLAIMS

Petitioner represents that notice to creditors was provided in accordance with law. The status of creditor claims is as follows:

  Petitioner certifies that all allowed creditor claims have been paid or provided for, or that remaining claims are secured or otherwise reserved for in the Final Account.

4. ATTORNEYS' FEES, ADMINISTRATIVE COSTS AND TAXES

Petitioner requests allowance of compensation and reimbursement of costs as follows. All amounts are reasonable and necessary for the administration of the estate.

5. PETITION FOR DISCHARGE AND RELEASE

Upon approval of the Final Account and the Court's allowance of fees and costs, Petitioner requests an order discharging the Personal Representative from further duties, approving final distributions, and releasing Petitioner and Petitioner's sureties from liability except as to matters preserved by the Court in its order.

6. BOND

Bond on file: Bond number .   Petitioner requests release of bond and discharge of surety upon entry of the Court's final order.

7. PROPOSED ORDER AND ATTACHMENTS

Petitioner has submitted a proposed form of order and supporting documents for the Court's consideration. The proposed order provides for allowance of the Final Account, approval of distributions, allowance of fees, discharge of Personal Representative, and closure of the estate.

  Proposed order attached.    Dated proposed order:

8. NOTICES

9. GOVERNING LAW; MISCELLANEOUS

These pleadings and any order entered hereon shall be governed by the laws of the state in which the probate court sits. Venue and jurisdiction are proper in the Court identified above.

Entire Agreement: These pleadings, the Final Account, and the Court's order constitute the complete statement of matters presented for final settlement of the estate. Severability: If any provision is held invalid, remaining provisions remain in full force. Amendments and Waiver: No amendment, modification or waiver is effective unless in writing and signed by the Petitioner and approved by the Court.

10. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the state that the foregoing is true and correct to the best of my knowledge and belief and that I have complied with all duties imposed upon me as Personal Representative except as noted herein.

Executed on at .

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