Intestate Estate Petition

INTESTATE ESTATE PETITION

Court Name:   County:   Case No.:

Petitioner Name: of Address: , Phone: , Email:

Decedent Name: , Date of Death: , Last Address: .

RECITALS

WHEREAS, the Decedent died leaving property located in this jurisdiction and no written last will or testament has been presented to this Court for probate or found among the Decedent's effects; and

WHEREAS, Petitioner asserts that Petitioner is a lawful heir and creditor of the Decedent and is a fit and proper person to be appointed as Personal Representative to administer the intestate estate; and

WHEREAS, it is necessary for the Court to determine heirs, appoint a Personal Representative, fix bond, and authorize administration and distribution in accordance with the laws governing intestate succession;

NOW, THEREFORE, Petitioner respectfully petitions this Court and alleges as follows:

1. JURISDICTION AND VENUE

This Court has jurisdiction over this petition pursuant to the laws governing probate and estates because the Decedent was domiciled or owned property in this county at the time of death. Venue is proper in this county for administration of the Decedent's estate.

2. DECEDENT AND HEIRS

The Decedent, identified above, died intestate leaving the following persons known to Petitioner who are heirs or potential heirs under applicable intestacy statutes:

3. INTESTACY

To the best of Petitioner's knowledge, the Decedent died without leaving a valid will. Petitioner does not know of any instrument purporting to be a Last Will and Testament of the Decedent. Petitioner requests that the Court determine that the Decedent died intestate.

4. PETITION FOR APPOINTMENT OF PERSONAL REPRESENTATIVE

Petitioner requests appointment as Personal Representative to administer the estate. Proposed Personal Representative: .

Estimated total value of probate estate: $. Petitioner requests bond be fixed at $ or such lesser amount as permitted by statute.

5. INVENTORY, APPRAISEMENT, NOTICE, AND CLAIMS

Petitioner will file an inventory and appraisement of the estate assets within days after issuance of letters as required by law. Petitioner will give notice to creditors and publish notice as required by statute.

Notice by publication requested:    Small estate affidavit to be filed if permissible:

6. POWERS AND DUTIES

Petitioner requests authority to exercise the powers of a Personal Representative, including but not limited to: taking possession of estate assets; collecting debts and accounts; paying valid claims, funeral and administrative expenses; selling property with court approval when necessary for administration; and distributing the estate according to applicable intestacy law. Such powers shall be subject to the obligations to file inventories, accountings, and to follow Court orders.

7. ACCOUNTING, COMPENSATION, AND COSTS

Petitioner will render an accounting when required by statute or order of the Court. Petitioner seeks standard statutory compensation for services as Personal Representative and reimbursement of reasonable and necessary expenses incurred in administration of the estate, subject to Court approval.

8. REQUEST FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

1. Determine that the Decedent died intestate;
2. Appoint Petitioner as Personal Representative of the Decedent's estate and issue Letters of Administration;
3. Fix bond in the amount requested or in such lesser amount as permitted by law;
4. Order notice to creditors, permit publication of notice if required, and grant such other relief as the Court deems just and proper for administration of the estate;
5. Authorize distribution of assets in accordance with applicable intestacy statutes upon completion of administration.

STANDARD PROVISIONS

Governing Law: This Petition shall be governed by and construed in accordance with the laws applicable to probate and intestacy in this jurisdiction.

Entire Agreement: This Petition constitutes the complete statement of Petitioner’s requests and understandings with respect to the matters addressed herein and supersedes any prior oral or written statements on those matters.

Severability: If any provision of this Petition is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Notices: All notices and process in connection with this Petition should be served on Petitioner at the address provided above or on the attorney identified below.

Amendments; Waiver; Counterparts: Petitioner may seek amendment of this Petition by leave of Court. No waiver is effective unless in writing and signed. This Petition may be executed in counterparts.

VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of this jurisdiction that the foregoing is true and correct to the best of my knowledge and belief.

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