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Rule 6.11H Settlement of Small Estates.

Petitions under Section 3102 of the Probate, Estates and Fiduciaries Code for distribution of small estates shall set forth:

1. the name and address of the petitioner and his relationship to the decedent;

2. the name, date of death and domicile of decedent, whether he died testate or intestate, the dates of the probate of the will and of the grant of letters, if any, and whether the personal representative has been required to give bond, in what amount and name of surety;

3. the names and relationships of all beneficiaries entitled to any part of the estate under the will or intestate laws, a brief description of their respective interests, whether any of them have received or retained any property of the decedent by payment of wages or other items under Section 3101 of the Probate, Estates and Fiduciaries Code, or otherwise, and whether any of them are incapacitated, deceased, or minors (date of birth) with the names of their fiduciaries, if any;

4. the person or persons, if any, entitled to the family exemption and, if a claim therefor is made in this petition, the additional facts necessary to establish the prima facie right thereto;

5. an inventory of the real and personal estate of the decedent, with values ascribed to each item, either incorporated in the petition or attached as an exhibit;

6. a list showing the nature, amount and preference of all unpaid claims against the estate and indicating which are admitted;

7. a prayer for distribution of the personal property to those entitled, and in appropriate cases, for the discharge of the personal representative; and

8. there shall be attached to the petition the following exhibits:

a. the original of the decedent's will if it has not been probated, together with proof verified equivalent to proof required by Sections 2504 and 3132 of the Probate, Estates and Fiduciaries Code, or a copy of the will if it has been probated.

b. an itemized list of disbursements made prior to the filing of the petition, indicating the payee and whether the disbursements were in payment of administration expenses, preferred or ordinary debts, items of distribution, or the family exemption;

c. a certificate of the Register of Wills or the equivalent thereof, satisfactory to the Court, showing payment or other status of the inheritance tax, unless the estate be valued at less than the family exemption and petitioner be claiming the same as such; and

d. a certificate of valuation of assets by one or more appraisers competent to give an opinion as to the value thereof, accompanied by a brief statement of the qualifications of such appraiser, except for cash or listed securities, for which no certificate of value is required.

9. If any unpaid beneficiary, heir or claimant or the surety of a personal representative, if any, has not joined in the petition, the Court may require notice thereof by citation or otherwise as circumstances may require to be served upon him or them before the Court acts upon the petition.