Waiver of Accounting for Estate Probate Law & Legal Definition


In order to close an estate a petition for final distribution should be filed before the court showing that the estate can be closed and requesting distribution to be made to the beneficiaries. Usually when a petition for final distribution is filed, the court requires detailed accounting of all the monies and other items received and all monies paid out during administration. However, the accounting may be waived when all persons entitled to receive property from the estate have executed a written waiver of accounting. Waiver simplifies the closing of the estate. When all the beneficiaries are friendly obtaining waiver is not a problem.

Example of a State Statute ( California) on Waiver of Accounting

In California, § 10954 of the Probate code describe the conditions for obtaining waivers. A waiver of accounting is not required if adequate provision has been made for satisfaction in full of the person’s interest or if the person has executed and filed a written waiver of account or a written acknowledgment that the person's interest has been satisfied.

Waivers may be signed by

  • Any beneficiary who is an adult and competent
  • If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor.
  • If the person entitled to distribution is a conservatee, by the conservator
  • If the person entitled to distribution is a trust, by the trustee, but only after the trustee has filed a written consent to act as a trustee.
  • If the person entitled to distribution is an estate by the personal representative
  • If the person entitled to distribution has designated an attorney in fact, then that attorney in fact

The relevant law as it appears in the statute

Cal Prob Code § 10954; When account is not required

(a) Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:

(1) The person has executed and filed a written waiver of account or a written acknowledgment that the person's interest has been satisfied.

(2) Adequate provision has been made for satisfaction in full of the person's interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.

(b) A waiver or acknowledgment under subdivision (a) shall be executed as follows:

(1) If the person entitled to distribution is an adult and competent, by that person.

(2) If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.

(3) If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.

(4) If the person entitled to distribution is a trust, by the trustee, but only if the named trustee's written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.

(5) If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.

(6) If the person entitled to distribution is incapacitated, unborn, unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.

(7) If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:

(A) The person entitled to distribution if an adult and competent.

(B) The attorney in fact.

(c) Notwithstanding subdivision (a):

(1) The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.

(2) A creditor whose interest has not been satisfied may petition under Section 10950 for an account.