PETITION FOR PRELIMINARY DISTRIBUTION

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. PETITIONER INFORMATION

Name of Personal Representative: [________________________________]

Capacity: [☐ Executor ☐ Administrator ☐ Personal Representative]

Address:
[________________________________]
[________________________________]

Telephone: [(___)___-____]

Attorney for Petitioner:
Name: [________________________________]
Address: [________________________________]
Telephone: [(___)___-____]

II. ESTATE STATUS

A. Administration Timeline

Date of Death: [__/__/____]

Date Letters Issued: [__/__/____]

Months Since Death: [____]

B. Documents Filed

C. Creditor Claims

Notice to Creditors:
☐ Published on [__/__/____]
☐ Claim period expired on [__/__/____]
☐ Claim period expires on [__/__/____]

Claims Status:
| Status | Number | Amount |
|--------|--------|--------|
| Filed | [____] | $[____________] |
| Paid | [____] | $[____________] |
| Rejected | [____] | $[____________] |
| Pending/Disputed | [____] | $[____________] |

☐ All timely claims have been paid or are provided for.

D. Tax Status

☐ All taxes have been paid or adequate reserves established.

III. ESTATE ASSETS

A. Total Estate

B. Assets Proposed for Distribution

Total Value of Proposed Distribution: $[____________]

C. Assets Retained

Total Value Retained: $[____________]

IV. REASON FOR PRELIMINARY DISTRIBUTION

Preliminary distribution is requested because:

☐ Excess assets available - Estate has sufficient assets to make distribution while retaining adequate reserves.

☐ Avoid unnecessary delay - Beneficiaries should not have to wait for final closing when assets are clearly available.

☐ Specific bequest - Distribution of specific bequest(s) to named beneficiary(ies).

☐ Hardship - Beneficiary(ies) have demonstrated need for early distribution:
[________________________________]

☐ Property management - In-kind distribution will relieve estate of carrying costs and management burden.

☐ Will directive - The Will authorizes or directs early distribution.

☐ Tax planning - Early distribution is advantageous for tax purposes.

☐ Other: [________________________________]

V. PROPOSED DISTRIBUTION

A. Distribution Details

Total Proposed Distribution: $[____________]

B. Type of Distribution

☐ Cash distribution

☐ In-kind distribution (property distributed as-is)
Value determination: [________________________________]

☐ Partial distribution of beneficiary's share
- [BENEFICIARY] entitled to total share of $[____________]
- This distribution represents [___]% of share

C. Basis for Distribution

☐ Specific bequest per Will Article [____]
☐ General/pecuniary bequest per Will
☐ Share of residuary estate
☐ Intestate share

VI. RESERVE CALCULATION

The following reserves will be maintained after the proposed distribution:

A. Known Obligations

B. Contingent Liabilities

C. Reserve Summary

☐ The reserve is adequate to cover all known and contingent liabilities.

VII. REFUNDING BOND/AGREEMENT

☐ Refunding agreement required - Each distributee will execute a refunding agreement.

☐ Refunding bond required - Distributees will post bond.

☐ No refunding agreement/bond required because:
☐ All creditor claims have been paid
☐ Estate has ample reserves
☐ Will waives refunding requirement
☐ Court finds not necessary
☐ Other: [________________________________]

VIII. CONSENT OF BENEFICIARIES

☐ All beneficiaries consent to this preliminary distribution.

☐ The following beneficiaries have consented:

☐ The following beneficiaries have not consented / objected:
[________________________________]
Reason: [________________________________]

IX. REQUESTS

Petitioner respectfully requests that this Court:

☐ Authorize preliminary distribution of estate assets as set forth herein.

☐ Approve distribution to the beneficiaries named herein.

☐ Waive refunding bond/agreement requirement.

☐ Require refunding agreement from distributees.

☐ Order that this distribution is:
☐ A credit against the beneficiary's final share
☐ A specific bequest not affecting residuary share

☐ Other: [________________________________]

X. VERIFICATION

I, [PERSONAL REPRESENTATIVE NAME], declare under penalty of perjury under the laws of the State of [STATE] that:

1. I am the Personal Representative of this Estate.

2. The facts stated herein are true and correct.

3. Adequate reserves will remain after distribution to pay all known and reasonably anticipated obligations.

4. The proposed distribution is in the best interest of the estate and beneficiaries.

5. I have no personal interest in this distribution that conflicts with my fiduciary duties [except as disclosed].

Executed on [DATE] at [CITY], [STATE].

_________________________________
Personal Representative Signature

NOTICE OF HEARING

A hearing on this Petition will be held:

Date: [__/__/____]
Time: [____:____ AM/PM]
Location: [________________________________]

ATTACHMENTS

☐ Current inventory or asset summary
☐ Bank/investment statements
☐ Calculation of reserves
☐ Beneficiary consents
☐ Proposed refunding agreement (if applicable)
☐ Proof of notice to interested parties
☐ Other: [________________________________]

REFUNDING AGREEMENT (Sample)

In consideration of receiving a preliminary distribution from the Estate of [DECEDENT NAME], the undersigned agrees:

1. To refund to the Personal Representative any portion of the distribution necessary to pay debts, expenses, taxes, or other obligations of the estate.

2. The undersigned's liability to refund shall not exceed the amount received.

3. This obligation shall survive the closing of the estate.

_________________________________
Beneficiary Signature

_________________________________
Printed Name

Date: [__/__/____]

Amount of Distribution: $[____________]

END OF PRELIMINARY DISTRIBUTION PETITION