Also known as: fully administer · fully administers · fully administering · administration complete
Written by attorneys · grounded in primary & secondary sources — see below
The state of an estate after the personal representative has made payment, settlement, or other disposition of all presented claims, administration expenses, and death taxes and has distributed the assets to the persons entitled. Any undischarged claims must be disclosed together with whether distribution occurred subject to possible liability by distributee agreement or what other arrangements accommodate the liabilities.
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Dana sold rental buildings and distributed proceeds to heir Luis eight months after appointment. Tenants Maya and others then asserted security deposit and habitability claims that Dana neither paid nor mentioned in the verified statement. Because those presented claims remained undischarged and no notice or arrangement was disclosed, Dana could not truthfully certify that the estate had been fully administered.
A surviving spouse sought to present a claim on behalf of a posthumously conceived child after the personal representative had paid all known creditors and filed a closing statement. The court held that the claim could still be asserted because the estate was not yet fully administered at the time the right accrued.
The representative must state that all presented claims, administration expenses, and death taxes have been paid, settled, or otherwise disposed of and that assets have been distributed to entitled persons. Any undischarged claims must be identified with an explanation of whether distribution was made subject to liability by distributee agreement or what other arrangements were made.
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No. The six-month waiting period is only one prerequisite. The representative must also have fully administered the estate by addressing all presented claims and must send the statement and an accounting to distributees and known unpaid creditors.
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The statement is defective. The statute requires explicit disclosure of any remaining claims and the arrangements made for them. Failure to include that information prevents proper closure even if timing and other formalities are satisfied.
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No. Actual knowledge of a timely presented claim, even if obtained through verbal discussions or other means, triggers the duty to address it in the closing statement. The representative must either pay or settle the claim or disclose arrangements for the undischarged liability.
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