California has strict probate rules regarding required court ordered probate estate Accountings under the Probate Code.
WHEN TO FILE AN ACCOUNTING?
The Accounting is generally due one year from the date Letters are issued to the Administrator or Executor. The Court can on its own motion or on petition of any interested party, order an accounting at any time. If it has been longer than a year since the Administrator or Executor has been appointed, we can compel the Administrator or Executor to Account.
WHAT IF THE EXECUTOR OR ADMINISTRATOR RESIGNS?
An Administrator or Executor who has been removed or resigns has 60 days to account from the termination of his/her authority.
WHAT IF THE EXECUTOR OR ADMINISTRATOR DIES OR IS INCAPACITATED?
Within 60 days after a representative has been appointed for a deceased or incapacitated administrator. If no personal representative is appointed for the incapacitated or deceased representative, the Court can compel his / her attorney to file an accounting.
FAILURE TO ACCOUNT CAN RESULT IN:
1. The Court issuing a Citation for the Administrator/ Executor.
2. Removal of the Executor or Administrator;
3. Surcharge Judgment issued against the executor or administrator;
4. If the failure to account includes concealment or wrongful taking, the Court may double charge the administrator or executor.
WHY HIRE US?
Evan R. Sirkin has practiced probate since 1990 and prepared thousands of wills and trusts. With over two decades of experience, we are best capable in preparing accounts and serving your probate accounting needs in Los Angeles. Mina Sirkin is a nationally recognized probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters. She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law. Mina Sirkin is rated 10/10 on Avvo. Sirkin Law Group’s Probate Offices are located in Los Angeles, Woodland Hills, Glendale and Pasadena. Probate Attorney Los Angeles Call: 818.340.4479.
Appointments Email: Assistant.SirkinLaw@gmail.com.
Our offices are located in: Glendale, Pasadena, Woodland Hills and Los Angeles.
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