Friday, November 28, 2014
 
DECEDENT'S ESTATES-UNSUPERVISED ADMINISTRATION

This website is intended to provide you with general information and forms regarding probate proceedings. The Court and the Court's staff are prohibited by law (Section 1211 of the Estates and Protected Individual's Code [EPIC]) from providing legal advice and assistance in completing forms. The information, forms, and instructions are intended to provide general information concerning filing procedures and may be useful as a guide. This is the only assistance that can be provided by the court's staff. If, after reviewing this information, you have any questions or need assistance in completing the forms consider contacting an attorney for assistance.
Informal Proceedings ("Application")
Informal proceedings are commenced by filing an Application for Informal Probate and/or Appointment of Personal Representative (Testate/Intestate) and other related papers.  The Application is for the Probate Register to admit the original will, if any, to probate and/or appoint a personal representative.   If the Application is granted, the Register will sign a form called Register's Statement admitting the will and/or appointing a personal representative.   An appointed personal representative becomes qualified to act by filing an Acceptance of Appointment and any required bond.
The personal representative will proceed with unsupervised administration until the estate is closed (unless the judge orders that the estate becomes "supervised" following a petition requesting supervised administration).
·         $150.00 filing fee
·         $12.00 for each certified copy of Letters.
Formal Proceedings ("Petition")
Formal proceedings are commenced by filing a Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) and other related papers.   After either a court hearing with proper notice to all interested persons or upon full waiver and consent, the probate judge may enter an order called an Order of Formal Proceedings.   This order may admit a will, determine the heirs of the deceased and appoint a personal representative.

Once the order is entered, the personal representative qualifies to act by filing an Acceptance of Appointment and any required bond.   The personal representative will proceed with unsupervised administration until the estate is ready to be closed.  A petition for a formal proceeding on any aspect of administration may be filed at any point.   A judge then enters any applicable orders after either a court hearing with proper notice or upon filing of full waivers and consents.

               ·         $150.00 filing fee

               ·         $12.00 for each certified copy of Letters.

 

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