Legal Administration Petition

LEGAL ADMINISTRATION PETITION

Court Name:   County:   Case No.:

Petitioner Name: of Petitioner Address: (hereinafter "Petitioner") petitions this Court to appoint an administrator for the estate of Decedent Name: , who died on , , and alleges as follows:

RECITALS

WHEREAS, Decedent was at all relevant times a resident of and died intestate or without a presently effective instrument naming a personal representative; and

WHEREAS, Petitioner is an adult competent to serve, is related to or entitled to administer the estate as , and is willing to act as administrator; and

WHEREAS, the estate requires administration to marshal assets, notify creditors, pay debts and taxes, preserve estate property and make distribution to entitled persons in accordance with law.

NOW THEREFORE

Petitioner respectfully requests that the Court grant the relief set forth below and alleges in support thereof the following numbered statements.

1. JURISDICTION AND VENUE

This Court has jurisdiction over the subject matter of this Petition under the statutes governing probate and administration. Venue is proper in this County because Decedent was domiciled in at the time of death and property of the estate is located in this County.

2. PETITIONER'S QUALIFICATIONS

Petitioner is over eighteen years of age, a resident of and is competent to serve as administrator. Petitioner affirms that Petitioner is not disqualified from serving by reason of conviction of a felony or other statutory disability.

3. INFORMATION CONCERNING THE DECEDENT

Full legal name of Decedent: . Social Security Number (last four): . Place of death: .

4. HEIRS, BENEFICIARIES AND INTERESTED PERSONS

The names, addresses, and relationship to Decedent of all known heirs and beneficiaries are listed below. Petitioner will supplement this list if additional heirs are discovered.

5. ASSETS AND ESTIMATED VALUE

Known estate assets as of the date of death are described below with estimated fair market values. Petitioner will file a formal inventory and account as required by law.

6. DEBTS, LIENS, AND CREDITORS

To the best of Petitioner's knowledge the Decedent's outstanding debts, mortgages and liens include the following. Petitioner will provide notice to creditors and publish notice where required by statute.

7. APPOINTMENT, BOND, AND POWERS

Petitioner requests appointment as Administrator of the Estate. The proposed administrator is:

Petitioner requests that the Court fix the amount of any bond in the sum of , or waive bond for good cause shown. Bond is requested to be:

Petitioner further requests issuance of Letters of Administration and all powers necessary to marshal, manage and distribute estate assets, including but not limited to: preserving estate property, collecting debts, paying valid claims, selling property upon order of the Court, and accounting to the Court as required by law.

8. NOTICE TO INTERESTED PERSONS AND CREDITORS

Petitioner will provide notice to all known heirs and beneficiaries and cause notice to creditors to be published in accordance with statutory requirements. Petitioner requests the Court enter such orders as necessary to effectuate notice and allow the administration to proceed.

9. REQUEST FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

1. Enter an order admitting this Petition and appointing Petitioner (or the proposed administrator named herein) as Administrator of the Estate of Decedent;
2. Authorize issuance of Letters of Administration and set bond in the amount stated above or waive bond; and
3. Grant such other and further relief as the Court deems just and proper to administer the estate in accordance with law.

VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the State of that the foregoing statements are true and correct to the best of my knowledge.

NOTICES, AMENDMENTS AND WAIVER

All notices required or permitted under this Petition shall be in writing and shall be effective upon personal delivery or upon deposit in the United States mail, postage prepaid, addressed to the party at the address provided in this Petition. This Petition may be amended to correct or supplement the information contained herein. No waiver of any provision of this Petition shall be effective unless in writing and signed by the party waiving the provision.

GOVERNING LAW

This Petition and all proceedings arising from it shall be governed by the laws of the State of and the procedural rules applicable to probate and administration matters in this jurisdiction.

ENTIRE AGREEMENT; SEVERABILITY

This Petition constitutes the entire written statement of the matters set forth herein. If any provision of this Petition is determined to be invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

ADDITIONAL INFORMATION

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