California Form DE-295, the Ex Parte Petition for Final Discharge and Order, is the one-page filing a personal representative uses to close a probate case and be released from further liability. There is no filing fee, no hearing, and no service on other parties: the clerk routes the petition directly to the probate judge, who signs the Order section on paper if the receipts and prior orders line up.
What to Gather Before You Start
Pulling your paperwork together first will keep the clerk from bouncing the petition back. You need four things.
The probate case number, exactly as it appears on every prior filing. Any mismatch in the header is a common reason for rejection.
The date of the court’s Order for Final Distribution. The form asks for it so the judge can confirm the timeline against the case file. Take it from your conformed copy of that order.
Signed receipts from every distributee. Probate Code Section 11753 requires receipts for all property in the estate to be on file before or at the time you petition for discharge.1California Legislative Information. California Code Probate Code 11753 If you already filed the receipts, bring conformed copies to attach.
Recording information for any real property the estate distributed: document names, recording dates, county recorder office, and document numbers for the deed or distribution order.
Download the current version of DE-295 from the California Courts website.2Judicial Branch of California. Ex Parte Petition for Final Discharge and Order (DE-295) Older Judicial Council versions get rejected.
How to Fill Out the Form
DE-295 has a Petition on top and an Order on the bottom. You complete the Petition. You leave the Order blank; it belongs to the judge.
Header
In the upper-left block, enter the attorney’s or self-represented party’s name, address, phone, and bar number if applicable. Fill in the Superior Court name, county, and street address. Write the decedent’s name and the case number. Mirror your prior filings word for word.
The Checkboxes
The middle of the form is a set of checkboxes describing what you did with the estate’s assets. Check every one that applies:3Judicial Council of California. DE-295/GC-395 Ex Parte Petition for Final Discharge and Order
- Box 2a, personal property delivered or transferred. Check this if you distributed money, stocks, bonds, or other personal property as ordered. Confirm that receipts from all distributees are on file or filed with this petition, and attach conformed copies of any previously filed receipts.
- Box 2b, no personal property on hand. Use this instead of 2a when there was nothing personal to distribute.
- Box 2c, real property distributed. Provide the recording details: document names, recording dates, county recorder locations, and document numbers.
- Box 2d, no real property on hand. Use this when the estate held no real property.
- Box 2e, sole distributee. Check this if you were the only person entitled to estate property; you do not need receipts from yourself.
Also fill in the date of the court’s final distribution order. Read the boxes carefully before checking them. Claiming no personal property when the final accounting shows cash distributions is the kind of contradiction that gets petitions denied.
Signature
Under the checkboxes, sign under penalty of perjury that the petition is true and correct. Add the date and the city where you signed. If an attorney prepared the form, the attorney signs separately. Do not touch the Order section.
Filing the Petition
There is no court filing fee. Government Code Section 70657(a)(2) specifically exempts this petition from the fee that applies to other ex parte filings.4Justia Law. California Government Code Article 2 – Fees in Probate Proceedings If you e-file, expect a small per-transaction charge from the county and possibly the e-filing service, but the court itself collects nothing.
Many counties now require e-filing for probate. Check your Superior Court’s website for its portal and any mandatory e-filing rules. In counties that still accept paper, take the original to the probate clerk’s window with a copy and a self-addressed stamped envelope so the clerk can return a conformed copy.
Because this is an ex parte petition, no hearing is set and no service on other parties is required.2Judicial Branch of California. Ex Parte Petition for Final Discharge and Order (DE-295) The clerk routes it to the probate judge or commissioner, who compares the receipts and checkboxes against the distribution order.
What the Signed Order Does
Once the judge signs the Order section, Probate Code Section 12250 discharges you from all liability incurred after that point.5California Legislative Information. California Code Probate Code 12250 No beneficiary or creditor can later come after you personally for how you administered the estate.
The order also releases any surety bond required at your appointment. The form’s Order language states that “sureties are discharged and released from liability for all acts subsequent hereto,” ending the bonding company’s obligation with yours.3Judicial Council of California. DE-295/GC-395 Ex Parte Petition for Final Discharge and Order Once the clerk files the signed order, the case is closed and archived.
If a Beneficiary Will Not Sign a Receipt
A missing signature does not have to hold up your discharge. Probate Code Section 11753(c) allows the court to excuse a receipt when you show a reasonable effort to obtain it and that the property has actually been delivered to or is in the beneficiary’s possession.1California Legislative Information. California Code Probate Code 11753 Keep records: certified mail receipts, email follow-ups, phone logs.
If you paid by check and the beneficiary cashed it, a cleared check image usually demonstrates acceptance even without a signature. Save the bank statement showing the cleared check. When a beneficiary actively disputes receipt, you can file a separate petition asking the court to formally determine that the distribution occurred, which substitutes a court order for the missing signature.
Federal Taxes Are Not Handled Here
The state court discharge does not close the estate’s books with the IRS. Before filing DE-295, confirm that the estate’s final federal income tax return (Form 1041) has been filed for any income earned during administration.6Internal Revenue Service. About Form 1041, U.S. Income Tax Return for Estates and Trusts If estate tax was owed, Form 706 should already be filed and paid.
To cut off your personal exposure for the decedent’s unpaid federal taxes, file IRS Form 5495, Request for Discharge from Personal Liability Under Internal Revenue Code Sections 2204 or 6905.7Internal Revenue Service. About Form 5495, Request for Discharge from Personal Liability Under IRC Sec 2204 or 6905 The IRS then has nine months to assess any outstanding tax; after that period, or once the IRS notifies you the tax is satisfied, you are personally clear federally. DE-295 does not substitute for this step.
If Property Surfaces After Discharge
A forgotten bank account, mineral interest, or refund check that turns up after the case closes is not lost. Probate Code Section 12252 lets any interested party petition the same Superior Court to reopen the estate for subsequent administration.8Justia Law. California Code Probate Code 12250-12252 The person who served as personal representative at discharge has first priority to be reappointed. The reopened case is limited to collecting and distributing the newly discovered property, followed by a fresh DE-295. Dissatisfaction with the original distribution is not grounds for reopening: there must be newly discovered property, fraud, or significant procedural error.