Rule 12.7. Discharge of fiduciary and surety.

 (a)  Account Previously Filed. A petition for the discharge of a fiduciary and his surety, or of the surety alone, subsequent to an account having been filed and confirmed, shall set forth

   (1)  the nature of the fiduciary capacity;

   (2)  the date and a reference to the record of the fiduciary’s appointment;

   (3)  the date of filing the fiduciary’s account and that it has been confirmed absolutely; and

   (4)  that the entire estate has been distributed to the creditors and parties entitled thereto and that no other property belonging to the estate has been received or remains to be accounted for by the fiduciary.

 (b)  Account Annexed. In lieu of filing and advertising an account, a personal representative who is distributing an estate under the provisions of Section 3531 of the Probate, Estates and Fiduciaries Code, or the guardian of the estate of a minor who has attained his majority and whose gross estate does not exceed the statutory limitation of an administration without appointment of a guardian, may annex his account to the petition for discharge with the information required above, modified to indicate any previous distribution and to suggest the proper distribution of any balance on hand.



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