Here is a brief outline of the process for determining heirs and administering the estate of a Decedent, if there is no Will.
1. Attorney files an Application for Determination of Heirship and for Letters of Administration naming all heirs with the probate court.[i]
The application must be accompanied by:
- Filing fee; and
- Original death certificate.
2. Interested parties must receive notice.[ii]
- Clerk posts Notice of Citation on the courthouse bulletin board.
- Attorney publishes Notice of Citation in the newspaper.
- Attorney sends written notice to all heirs and devisees.
- Attorney files Proof of Citation and Proof of Notice with court.
3. Attorney asks all heirs to sign an agreement waiving citation and allowing independent administration.[iii]
- Attorney files signed agreements with court.
- Heirs who the sign agreements will not need to receive citation.
- Heirs who fail to sign the agreement will need to receive citation issued by the clerk.
4. The probate court will appoint an Attorney ad Litem to investigate the facts.[iv]
- Applicant must provide names of two disinterested witnesses who can testify in court to the family history.
- The ad Litem will interview the witnesses by phone.
- The ad Litem will file a report with the probate court.
- After the Attorney ad Litem files the report, Attorney sets a hearing in probate court.
5. The Attorney will prepare documents to be presented at the hearing.[v]
- Proof of Death and Other Facts to be signed by Applicant.
- Testimony Concerning Identity of Heirs to be signed by each witness.
- Order Determining Heirs to be signed by the Court.
6. The Applicant, the Applicant’s Attorney, and the two disinterested witnesses attend the hearing in probate court.[vi]
- The Attorney ad Litem also attends.
- Generally takes less than a half hour.
- Applicant testifies to death of Decedent and other facts.
- Disinterested witnesses testify to family history.
- Judge signs Order appointing Applicant to be Administrator.
- Administrator signs Oath.
- Clerk issues Letters of Administration.
7. Administration commences.[vii]
- If any heirs did not sign the agreement, administration is dependent.
- Administrator must post bond (paid by estate).
- Administrator must get court approval for some actions.
- Administrator must file final account.
- If all heirs signed agreement, administration is independent.
- Administrator need not post bond.
- Administrator can act without court approval.
- Administrator need not file final account.
8. Administrator takes care of settling estate.[viii]
- Gathers all assets.
- Pays bills.
- Distributes remaining assets to heirs.[ix]
- If administration is dependent, Administrator must get court approval for some steps.[x]
- If administration is independent, Administrator need not get court approval.
9. Attorney provides notices required by law. [xi]
- Publishes Notice to Claimants in local newspaper within 30 days.
- Sends Notice to Secured Creditors within 60 days.
- Files Proof or Certificates of Notice with probate court.
10. Attorney files Estate Inventory with the probate court within 90 days.[xii]
- Administrator must furnish Attorney with information for drafting the Inventory.
- Court signs order approving inventory.
12. If Administration is independent, stop here, the court process is complete. There may be more work to do to administer the estate.
13. If Administration is dependent, Administrator completes the administration of the estate, and Attorney finishes by filing Final Account.[xiii]
- Administrator provides to Attorney a list of assets collected, debts paid, debts not paid (should be none), assets remaining (should be none), distributees who received assets.
- Attaches receipts.
- Attorney drafts the Final Account and Files with court.
- Attorney serves citation on heirs.
- Court examines and approves the Final Account.
14. The heirship and administration process is complete.
CraveyLaw 