A "Final Affidavit (Report) Limited Personal Representative" is a document that a limited personal representative (LPR) of an estate may need to file with the probate court to provide a final accounting of their actions and the estate's status. This affidavit typically signifies the completion of the LPR's duties and the closing of the estate.
Key Components of the Final Affidavit (Report)
Heading: The document should start with a title such as "Final Affidavit (Report) Limited Personal Representative."
Court Information: Include the name of the court, the county, and the state where the probate proceedings are taking place.
Case Information: Provide the case number, the name of the deceased, and the date of death.
Personal Representative Information: Include your full name, address, and contact information.
Statement of Appointment: State that you were appointed as the Limited Personal Representative of the estate, including the date of appointment.
Summary of Duties Performed: Detail the actions you have taken in your role, such as identifying and gathering assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
Final Accounting: Provide a comprehensive accounting of all the estate's financial transactions, including:
Initial inventory of assets
Income received by the estate
Payments made (debts, taxes, expenses)
Distributions to beneficiaries
Remaining balance (if any)
Statement of Compliance: Confirm that you have complied with all court orders and legal requirements.
Request for Discharge: Request that the court discharge you from your duties as the Limited Personal Representative and close the estate.
Verification: Include a statement verifying that the information provided is true and accurate to the best of your knowledge.
Signature: Sign and date the affidavit. Include a notary section if required by your jurisdiction.
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of Probate Court]
[Address of Probate Court]
[City, State, ZIP Code]
Re: Estate of [Deceased's Full Name]
Case No: [Case Number]
FINAL AFFIDAVIT (REPORT) LIMITED PERSONAL REPRESENTATIVE
I, [Your Full Name], residing at [Your Address], was appointed as the Limited Personal Representative of the estate of [Deceased's Full Name], who passed away on [Date of Death]. My appointment was confirmed by this honorable court on [Date of Appointment].
In my capacity as the Limited Personal Representative, I have undertaken the following actions:
1. Identified and gathered the assets of the estate.
2. Paid all legitimate debts and taxes owed by the estate.
3. Distributed the remaining assets to the entitled beneficiaries as per the will and court orders.
Below is a detailed final accounting of the estate:
**Initial Inventory of Assets:**
- [List all assets and their values]
**Income Received:**
- [List any income received by the estate]
**Payments Made:**
- [List all payments made, including debts, taxes, and expenses]
**Distributions to Beneficiaries:**
- [List the distributions made to each beneficiary]
**Remaining Balance:**
- [State the remaining balance, if any]
I hereby certify that I have complied with all legal requirements and court orders during my tenure as the Limited Personal Representative of this estate. I respectfully request that the court discharge me from my duties and close the estate.
I declare under penalty of perjury under the laws of the state of [State] that the foregoing is true and correct to the best of my knowledge.
Dated: [Date]
_________________________
[Your Full Name]
Limited Personal Representative
State of [State]
County of [County]
Subscribed and sworn to before me on this [Date] by [Your Full Name], who is personally known to me or has produced [Type of Identification] as identification.
_________________________
Notary Public
My commission expires: [Date]
Steps to Complete the Affidavit
Gather Information: Collect all necessary details about the estate, including asset inventory, income, payments, and distributions.
Draft the Affidavit: Follow the structure provided above, ensuring all sections are complete and accurate.
Review: Carefully review the affidavit for accuracy and completeness.
Notarize: If required, sign the affidavit in the presence of a notary public.
File with the Court: Submit the completed and notarized affidavit to the probate court handling the estate.
If you are unsure about any part of this process or the requirements in your jurisdiction, consulting with an attorney specializing in probate law is advisable.
Denise Harper Davis
252-902-9006
Realtor | Investor | Certified Probate Real Estate Specialist
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