Intestate Petition Form

INTESTATE PETITION FORM

Court Name:   County:   Case No.:

Petitioner Name:   Address:

Proposed Personal Representative Name:   Relationship to Decedent:

RECITALS

WHEREAS, Decedent Name: died on the day of , at .

WHEREAS, at the time of death the decedent left no valid last will and testament known to petitioner, and therefore died intestate; and

WHEREAS, petitioner believes that the persons entitled to succeed to the decedent's estate are set forth below and that appointment of a personal representative and issuance of letters of administration are necessary to collect and distribute estate assets, satisfy lawful debts, and perform other duties incident to administration.

NOW, THEREFORE

The petitioner respectfully petitions the Court for an order appointing a personal representative, authorizing issuance of letters of administration, and for such other relief as the Court deems just and proper under applicable law.

1. JURISDICTION AND VENUE

Jurisdiction is proper in this Court because the decedent resided in this county at the time of death and the estate's administration is to be conducted in this county. Venue is proper pursuant to applicable statutes governing probate administration.

2. PETITION FOR LETTERS OF ADMINISTRATION

Petitioner requests that the Court issue letters of administration to the proposed personal representative named above and grant all powers incidental to that appointment, including but not limited to collection of assets, payment of debts and taxes, management of property, and distribution of estate assets in accordance with intestate succession law.

Bond Requested:   Bond Waived:   If bond requested, amount:

3. HEIRS AND INTERESTED PERSONS

Petitioner alleges that the following persons are heirs or otherwise entitled to notice under law. Petitioner certifies that to the best of petitioner's knowledge the list is complete and accurate.

4. ESTATE ASSETS AND VALUE

Petitioner estimates the gross value of the decedent's probate estate to be: $

5. NOTICE

Petitioner will cause notice of this petition to be given to all heirs, creditors, and other persons entitled to notice under applicable probate rules. Petitioner requests that the Court direct notice as required by law.

Request for Shortened Notice Period:   Request for Notice Waiver by Affidavit:

6. INVENTORY, ADMINISTRATION, AND ACCOUNTING

If letters are granted, the personal representative shall prepare and file an inventory and appraisement of estate assets within the period prescribed by statute, make distributions only after paying valid claims and taxes, and render accounts when required. Petitioner requests that the personal representative be given the powers set forth by law to administer the estate efficiently and to settle the decedent's affairs.

7. POWERS OF PERSONAL REPRESENTATIVE

The personal representative's powers shall include, without limitation: collection of income and assets; management, sale or other disposition of property; compromise of claims; retention of professionals; employment of agents; payment of debts, funeral and administration expenses; and distribution of estate property in accordance with intestate succession law.

8. VERIFICATION AND CERTIFICATION

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

9. PROPOSED DISTRIBUTION IN ABSENCE OF OBJECTION

If no objections are timely filed, petitioner requests that the Court approve distribution of estate assets pursuant to intestacy law and authorize the personal representative to effect distribution and close the estate upon completion of administration and accounting.

NOTICES

MISCELLANEOUS PROVISIONS

Governing Law: This petition and any order entered hereon shall be governed by and construed in accordance with the laws of the State of .

Entire Agreement: This petition constitutes the entire written petition submitted by petitioner with respect to the matters herein and supersedes any prior written statements or petitions regarding the decedent's estate.

Severability: If any provision of this petition is held invalid by a court of competent jurisdiction, such invalidity will not affect the remaining provisions, which will remain in full force and effect.

Amendments; Waiver: This petition may be amended by filing an appropriate amendment with the Court. No waiver of any provision of this petition shall be effective unless in writing signed by the party waiving the provision.

PRAYER FOR RELIEF

WHEREFORE, petitioner prays that the Court:

1. Issue letters of administration to the proposed personal representative;
2. Order issuance of any required bond or waive bond as appropriate;
3. Direct notice to heirs and interested parties as required by law;
4. Grant such other and further relief as the Court deems just and proper.

SIGNATURES

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