State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 12250-12252

PROBATE CODE
SECTION 12250-12252



12250.  (a) When the personal representative has complied with the
terms of the order for final distribution and has filed the
appropriate receipts or the court has excused the filing of a receipt
as provided in Section 11753, the court shall, on ex parte petition,
make an order discharging the personal representative from all
liability incurred thereafter.
   (b) Nothing in this section precludes discharge of the personal
representative for distribution made without prior court order, so
long as the terms of the order for final distribution are satisfied.




12251.  (a) At any time after appointment of a personal
representative and whether or not letters have been issued, if it
appears there is no property of any kind belonging to the estate and
subject to administration, the personal representative may petition
for the termination of further proceedings and for discharge of the
personal representative. The petition shall state the facts required
by this subdivision.
   (b) Notice of the hearing on the petition shall be given as
provided in Section 1220 to all interested persons.
   (c) If it appears to the satisfaction of the court on the hearing
that the facts stated in the petition are true, the court shall make
an order terminating the proceeding and discharging the personal
representative.



12252.  If subsequent administration of an estate is necessary after
the personal representative has been discharged because other
property is discovered or because it becomes necessary or proper for
any other cause, both of the following shall apply:
   (a) The court shall appoint as personal representative the person
entitled to appointment in the same order as is directed in relation
to an original appointment, except that the person who served as
personal representative at the time of the order of discharge has
priority.
   (b) Notice of hearing of the appointment shall be given as
provided in Section 1220 to the person who served as personal
representative at the time of the order of discharge and to other
interested persons. If property has been distributed to the State of
California, a copy of any petition for subsequent appointment of a
personal representative and the notice of hearing shall be given as
provided in Section 1220 to the Controller.