Legal Estate Petition for Probate

Legal Estate Petition for Probate

Court Name:   County:   Case No.:

Petitioner Name:   Petitioner Address:

Decedent Name:   Decedent Last Residence:

Date of Death:   Place of Death:

Recitals

WHEREAS, Decedent Name: died on Date of Death: , leaving certain assets and liabilities that constitute the estate subject to probate;

WHEREAS, Petitioner affirms that Petitioner is an interested person as defined by law and is entitled to petition this Court for appointment as personal representative or for issuance of letters testamentary or letters of administration as applicable;

WHEREAS, the Decedent executed a document purporting to be a Last Will and Testament: Will Exists    No Will Known

NOW THEREFORE, Petitioner respectfully petitions the Court for an order admitting the instrument to probate and for appointment of a personal representative, and in support states as follows.

1. Jurisdiction and Venue

This Court has jurisdiction over the subject matter of this Petition and venue is proper in this County because, at the time of death, Decedent was domiciled in this County and owned property located within this County. Petitioner asserts that all statutory prerequisites to probate have been met.

2. Decedent and Estate

Decedent was born on . At the time of death, Decedent's legal domicile was as set forth above. The estimated fair market value of the probate estate is: $ .

3. Will, Codicils, and Disposition

Petitioner represents that the Last Will and Testament, if any, is in Petitioner’s possession and is submitted concurrently with this Petition for admission to probate. If admitted, Petitioner requests issuance of Letters Testamentary to the nominated personal representative named in the will. If no will is admitted, Petitioner requests appointment of a personal representative pursuant to intestacy statutes.

4. Appointment of Personal Representative

Petitioner requests appointment as Personal Representative: Letters Testamentary requested    Letters of Administration requested

5. Notice to Creditors and Known Creditors

Petitioner will give notice to creditors as required by statute and will publish notice in accordance with statutory requirements. Petitioner requests the Court to direct the manner and form of notice and to set deadlines for presentation of claims against the estate.

6. Bond

Petitioner requests that the Court waive bond or fix the amount of bond as the Court deems proper. Waiver of bond is requested: Yes    No

7. Powers of the Personal Representative

Petitioner requests that, upon appointment, the Personal Representative be vested with all powers granted by statute, including, but not limited to, the power to collect and conserve assets, to sell real and personal property when necessary to pay debts or distribute the estate, to compromise claims, to employ attorneys and other professionals, and to make distributions to heirs or devisees as determined by the Court.

8. Inventory, Appraisal and Accounting

Petitioner will file an inventory and appraisal of the estate assets and will render accountings as required by law. The initial inventory will include all known probate assets and a good faith estimate of values.

9. Claims Against the Estate

Petitioner requests that the Court establish a deadline for the presentation of claims, approve the form of notice to creditors, and authorize the Personal Representative to resolve or contest claims in accordance with law.

10. Remedies and Relief Requested

Petitioner respectfully requests that the Court:

1. Admit the Last Will and Testament to probate, if applicable;
2. Appoint Petitioner (or the nominated representative) as Personal Representative and issue Letters Testamentary or Letters of Administration;
3. Fix or waive bond as appropriate;
4. Direct notice to creditors and interested persons; and
5. Grant such further relief as the Court deems proper to administer the estate.

11. Governing Law; Entire Agreement; Severability

This Petition shall be governed by the laws of the state in which this Court sits. This Petition constitutes the entire statement of Petitioner with respect to the matters contained herein and supersedes all prior oral or written statements. If any provision of this Petition is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

12. Amendments, Waiver, and Notices

This Petition may be amended or supplemented by Petitioner upon leave of Court. No waiver of any provision or requirement shall be effective unless made in writing and signed by the party waiving the provision. All notices required or permitted shall be given to the addresses listed in this Petition unless and until the Court is otherwise notified in writing.

Verification and Oath

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

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