PETITION FOR FINAL DISCHARGE OF PERSONAL REPRESENTATIVE
COURT INFORMATION
State of: [________________________________]
County of: [________________________________]
Court: [☐ Probate Court ☐ Surrogate's Court ☐ Superior Court ☐ Circuit Court]
Case Number: [________________________________]
IN THE MATTER OF THE ESTATE OF:
Decedent's Full Legal Name: [________________________________]
Also Known As: [________________________________]
DECEASED
I. PERSONAL REPRESENTATIVE INFORMATION
Name: [________________________________]
Capacity: [☐ Executor ☐ Administrator ☐ Personal Representative]
Address:
[________________________________]
[________________________________]
Telephone: [(___)___-____]
Date of Appointment: [__/__/____]
Attorney for Personal Representative:
Name: [________________________________]
Address: [________________________________]
Telephone: [(___)___-____]
II. ADMINISTRATION SUMMARY
A. Timeline
| Event | Date |
|---|---|
| Date of Death | [__/__/____] |
| Letters Issued | [__/__/____] |
| Inventory Filed | [__/__/____] |
| Notice to Creditors Published | [__/__/____] |
| Creditor Claim Period Expired | [__/__/____] |
| Final Account Filed | [__/__/____] |
| Final Distribution Ordered | [__/__/____] |
| Distribution Completed | [__/__/____] |
B. Final Account Status
☐ Final Account was filed on [__/__/____]
☐ Final Account was approved by the Court on [__/__/____]
☐ No objections were filed to the Final Account
☐ All beneficiaries waived accounting
III. COMPLETION OF ADMINISTRATION
The Personal Representative states that the following have been completed:
A. Debts and Claims
☐ All valid creditor claims have been paid.
| Creditor | Amount Paid | Date Paid |
|---|---|---|
| [________________________________] | $[____________] | [__/__/____] |
| [________________________________] | $[____________] | [__/__/____] |
| [________________________________] | $[____________] | [__/__/____] |
☐ No claims were filed against the estate.
☐ The following claims were rejected and the time to contest has expired:
[________________________________]
Total Claims Paid: $[____________]
B. Taxes
☐ All required tax returns have been filed and all taxes paid:
| Return | Filed | Amount Paid |
|---|---|---|
| Decedent's final federal income tax | [__/__/____] | $[____________] |
| Decedent's final state income tax | [__/__/____] | $[____________] |
| Estate income tax (Form 1041) | [__/__/____] | $[____________] |
| Federal estate tax (Form 706) | [__/__/____] | $[____________] |
| State estate/inheritance tax | [__/__/____] | $[____________] |
☐ IRS Estate Tax Closing Letter received: [__/__/____]
☐ State tax clearance received: [__/__/____]
☐ No estate tax return required (estate below threshold)
C. Distribution
☐ All distributions have been made pursuant to Court Order dated [__/__/____].
Distribution Summary:
| Beneficiary | Amount/Property | Date Distributed |
|---|---|---|
| [________________________________] | $[____________] | [__/__/____] |
| [________________________________] | $[____________] | [__/__/____] |
| [________________________________] | $[____________] | [__/__/____] |
| [________________________________] | $[____________] | [__/__/____] |
Total Distributed: $[____________]
D. Receipts and Releases
☐ All beneficiaries have signed Receipts and Releases.
| Beneficiary | Date of Receipt |
|---|---|
| [________________________________] | [__/__/____] |
| [________________________________] | [__/__/____] |
| [________________________________] | [__/__/____] |
| [________________________________] | [__/__/____] |
☐ Copies of Receipts and Releases are attached.
IV. COMPENSATION
A. Personal Representative Compensation
☐ Compensation was approved by the Court on [__/__/____] in the amount of $[____________]
☐ Compensation was waived by the Personal Representative.
☐ Compensation is requested/pending in the amount of $[____________]
B. Attorney Fees
☐ Attorney fees were approved by the Court on [__/__/____] in the amount of $[____________]
☐ Attorney fees pending approval: $[____________]
☐ No attorney fees requested.
V. BOND
☐ No bond was required.
☐ Bond was posted:
- Surety: [________________________________]
- Amount: $[____________]
- Bond Number: [________________________________]
☐ Request exoneration and release of bond upon discharge.
VI. ASSETS REMAINING
☐ No assets remain in the estate.
All assets have been distributed.
☐ Nominal assets remain:
[________________________________]
☐ These assets will be distributed upon discharge.
☐ These assets have been abandoned (worthless).
VII. STATEMENTS OF PERSONAL REPRESENTATIVE
The Personal Representative states that:
-
Complete Administration: The estate has been fully administered in accordance with the Will [or laws of intestacy] and applicable law.
-
All Debts Paid: All just debts, claims, and expenses of administration have been paid.
-
All Taxes Paid: All required tax returns have been filed and all taxes have been paid.
-
Distribution Complete: All distributions to beneficiaries have been made as ordered by the Court.
-
Receipts Obtained: Receipts have been obtained from all beneficiaries.
-
No Known Claims: To the best of my knowledge, there are no outstanding claims against the estate.
-
No Pending Matters: There are no pending matters requiring further administration.
-
Full Accounting: A complete and accurate accounting has been provided and approved.
VIII. REQUESTS
The Personal Representative respectfully requests that this Court:
☐ Approve the Final Account (if not previously approved)
☐ Approve compensation to the Personal Representative in the amount of $[____________]
☐ Approve attorney fees in the amount of $[____________]
☐ Discharge the Personal Representative from all further duties and liabilities
☐ Release and exonerate the bond
☐ Close the estate
☐ Enter an Order of Final Discharge
☐ Other: [________________________________]
IX. VERIFICATION
I, [PERSONAL REPRESENTATIVE NAME], declare under penalty of perjury under the laws of the State of [STATE] that:
-
I am the Personal Representative of this Estate.
-
I have read this Petition and know its contents.
-
The matters stated herein are true and correct.
-
The estate has been fully administered and is ready to be closed.
-
I have faithfully discharged my duties as Personal Representative.
Executed on [DATE] at [CITY], [STATE].
_________________________________
Personal Representative Signature
_________________________________
Printed Name
X. ATTORNEY CERTIFICATION
I, [ATTORNEY NAME], attorney for the Personal Representative, certify that:
- I have reviewed the administration of this estate.
- To the best of my knowledge, the estate has been properly administered.
- The Final Account accurately reflects all transactions.
- The estate is ready for closing.
_________________________________
Attorney Signature
Date: [__/__/____]
NOTICE OF HEARING (if required)
A hearing on this Petition will be held:
Date: [__/__/____]
Time: [____:____ AM/PM]
Location: [________________________________]
ATTACHMENTS
☐ Final Account (if not previously filed)
☐ All Receipts and Releases from beneficiaries
☐ IRS Estate Tax Closing Letter
☐ State Tax Clearance
☐ Order for Final Distribution
☐ Proof of service on interested parties
☐ Other: [________________________________]
ORDER OF FINAL DISCHARGE
COURT CAPTION
[Same as above]
ORDER
The Petition for Final Discharge having come before this Court, and the Court having reviewed the Petition, the Final Account, and the file, and good cause appearing:
IT IS HEREBY ORDERED:
-
Account Approved. The Final Account of [PERSONAL REPRESENTATIVE NAME] as [Executor/Administrator/Personal Representative] is hereby APPROVED.
-
Compensation Approved. Compensation in the amount of $[____________] to the Personal Representative is APPROVED.
-
Attorney Fees Approved. Attorney fees in the amount of $[____________] are APPROVED.
-
Personal Representative Discharged. [PERSONAL REPRESENTATIVE NAME] is hereby DISCHARGED as [Executor/Administrator/Personal Representative] of the Estate of [DECEDENT NAME], Deceased.
-
Release from Liability. The Personal Representative is hereby released from all further duties, obligations, and liabilities in connection with this estate, except for any matters arising from fraud, willful misconduct, or breach of fiduciary duty occurring during administration.
-
Bond Exonerated. The bond of [SURETY NAME] in the amount of $[____________] is hereby EXONERATED and RELEASED.
-
Estate Closed. The administration of the Estate of [DECEDENT NAME], Deceased, is hereby TERMINATED and the estate is CLOSED.
-
Letters Revoked. The Letters [Testamentary/of Administration] issued to the Personal Representative are hereby REVOKED.
DATED: [__/__/____]
_________________________________
[JUDGE NAME]
Judge of the [Probate/Surrogate's/Superior] Court
FILED: [__/__/____]
CLERK: [________________________________]
[COURT SEAL]
CERTIFICATE OF SERVICE
I certify that a copy of this Petition for Final Discharge was served on all interested parties:
| Name | Address | Method | Date |
|---|---|---|---|
| [________________________________] | [________________________________] | ☐ Mail ☐ Personal | [__/__/____] |
| [________________________________] | [________________________________] | ☐ Mail ☐ Personal | [__/__/____] |
| [________________________________] | [________________________________] | ☐ Mail ☐ Personal | [__/__/____] |
_________________________________
Signature
Date: [__/__/____]
POST-DISCHARGE CHECKLIST
☐ Obtain certified copy of Discharge Order
☐ File copy with any pending institutions
☐ Close estate bank accounts
☐ Cancel EIN (if applicable)
☐ Notify beneficiaries of estate closure
☐ Retain records for required period (typically 3-7 years)
☐ Store permanent records securely
END OF FINAL DISCHARGE PETITION AND ORDER
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