Alex Avakian, Esq. State Bar No. 0 Glendale, CA Attorney for Petitioner, Petitioner SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 1 1 1 1 0 1 In the matter of: Case No. BP THE ESTATE OF DECEDENT Deceased. Petitioner, alleges as follows: 1 EX PARTE PETITION TO APPROVE ACTS OF PERSONAL REPRESENTATIVE AND FOR AN ORDER PC 1. The decedent died on May 0, 00, a resident of Los Angeles County, California.. Letters for Administration were granted on June, 0 naming the Petitioner, Petitioner, as Personal Representative of the estate. Both Letters and the Personal Representative remain in good standing.. Petitioner is the decedent's mother and only beneficiary.. The sole asset of the estate was a 0% ownership interest in real property located in Los Angeles, California.. Special Letters of Administration were issued on May 1, BP
1 1 1 1 0 1 0, with strict orders allowing Petitioner to sell the real property with the proceeds remaining in escrow with the escrow company until an order from the probate court was issued instructing release of said funds.. Upon the sale of the real property, and after deducting escrow fees, a net of $0,.0 remains and is currently being held in escrow by the escrow company, ABC Escrow.. An Inventory and Appraisal was filed on July, 0 listing the escrow account as the sole asset, valued at $0,.0.. Petitioner then filed a Petition for Preliminary Distribution on May 0, 0.. Upon review and before the Preliminary Distribution Hearing Date, the Probate Notes by the Probate Referee suggested that instead of a Preliminary Distribution, Petitioner should utilize a California Probate Code 10 (Small Estate Affidavit) procedure to collect funds from ABC Escrow and then file a petition to terminate further proceedings under California Probate Code.. Petitioner then requested and the probate attorney granted a request to take the Preliminary Distribution Hearing off-calendar.. Petitioner then wrote a letter to ABC Escrow explaining BP
1 1 1 1 0 1 the situation, a 10 Small Estate Procedure, along with the required documents for a valid Small Estate Affidavit. 1. ABC Escrow subsequently refused to release funds, stating that the only official court document which permitted them to act in the first place was under the condition that the funds be held in escrow. Understandably, ABC Escrow is reluctant to release the funds without an order from the probate court. 1. As this is the sole asset of an estate that is over years old with no creditors and one beneficiary, the Personal Representative, Petitioner believes that the Probate Referee's recommendation is the most efficient and appropriate manner in which to conclude this probate. 1. Petitioner knows of no opposition to this petition. 1. Petitioner is proceeding with an Ex Parte Petition due to the fact that Petitioner is in need of the funds held in escrow in order to conclude her own debt restructuring plan. Petitioner remains under great pressure from her own creditors and is desperate to gain access to said funds in order to finally complete her debt restructuring plan and to allow her to move on with her life. WHEREFORE, Petitioner prays for an order of this court as follows: BP
1 1. For an Order approving the acts of the Personal Representative in using a California Probate Code 10 Small Estate Affidavit Procedure;. For an Order directing ABC Escrow to release $0,.0 held in escrow under the name of the decedent to the Petitioner;. And for such other relief as the court deems proper. Dated Signature of Attorney for Personal Representative 1 1 1 0 1 VERIFICATION I am the Petitioner in this action. I have read the foregoing petition and it is true of my own knowledge, except as to those matters stated on information or belief, and as to those matters, I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date and place of execution Signature of Personal Representative BP
Alex Avakian, Esq. State Bar No. 0 Glendale, CA Attorney for Petitioner, Petitioner SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 1 1 1 1 0 In the matter of: Case No. BP THE ESTATE OF DECEDENT Deceased. ORDER ORDER TO APPROVE ACTS OF PERSONAL REPRESENTATIVE PC 1. ABC Escrow is directed to release $0,.0 in funds held in escrow for the Decedent, to the Petitioner, using a Small Estate Affidavit Procedure, California Probate Code 10. 1 Dated Judge of the Superior Court BP