Legal Petition for Administration

Legal Petition for Administration

In the Probate Court of County, .

Case No.:

Petitioner Name: Petitioner Address:

RECITALS

WHEREAS, Decedent Name: died on at or near , leaving assets within this jurisdiction and persons entitled to notice and administration.

WHEREAS, Petitioner asserts that the Decedent was domiciled at and that Petitioner is entitled to petition for appointment as administrator by reason of .

WHEREAS, it is necessary for the court to determine the heirs, appoint an administrator, secure, inventory and administer assets, give notice to creditors and interested parties, and to provide for distribution in accordance with law.

NOW, THEREFORE

Petitioner respectfully petitions the Court to enter an order appointing an administrator of the estate of the Decedent and states under penalty of perjury the following facts and legal grounds:

1. JURISDICTION

This Court has jurisdiction over the estate of the Decedent and authority to appoint an administrator pursuant to applicable probate statutes because the Decedent was domiciled in this county at the time of death and assets of the Decedent are located in this jurisdiction.

2. INFORMATION CONCERNING DECEDENT

Full legal name of Decedent: . Date of death: . Last known residence: .

3. WILL AND TESTACY

The Decedent did: leave a written instrument purporting to be a last will and testament; or the Decedent did not leave a will:

If a will exists, its location and custodian are:

4. HEIRS, BENEFICIARIES, AND KNOWN CREDITORS

5. ESTIMATED ASSETS AND LIABILITIES

Estimated total gross value of estate assets: $. Estimated total liabilities: $.

6. REQUEST FOR APPOINTMENT

Petitioner requests that this Court appoint Petitioner as Administrator of the estate with full authority to collect and preserve estate assets, pay valid claims and expenses, prepare and file inventories and accountings, and to distribute the estate in accordance with the laws of intestacy or the terms of the admitted will.

Petitioner proposes as surety for any required bond: and requests the Court to set bond in the amount of $ or such lesser amount as the Court deems appropriate.

7. NOTICE, INVENTORY, AND ACCOUNTING

Petitioner will give notice to all persons entitled thereto, file an inventory of estate assets within the time required by law, and file accountings as required by statute and the Court's rules.

8. POWERS REQUESTED

Petitioner requests such powers as are incidental to administration including, without limitation, power to retain, sell, lease, mortgage, or otherwise manage estate property; to compromise claims; to hire attorneys, accountants, appraisers or other professionals; and to take any action necessary to preserve estate value and to effect distribution.

9. VERIFICATION

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.

GOVERNING LAW

This Petition shall be governed by the probate and estate statutes and rules of procedure of the State of and by applicable court rules.

ENTIRE AGREEMENT

This Petition, together with any attachments, exhibits, and verified statements filed herewith, constitutes the entire written request of Petitioner for the relief sought and supersedes any prior oral or written representations to the Court relating to matters asserted herein.

SEVERABILITY

If any provision of this Petition is held invalid or unenforceable, that invalidity shall not affect the other provisions which can be given effect without the invalid provision; the remaining provisions shall remain in full force and effect.

NOTICES

All notices required or permitted by this Petition shall be in writing and served at the addresses provided herein or as otherwise ordered by the Court. Service by mail to the address furnished shall be sufficient unless the Court directs otherwise.

AMENDMENTS AND WAIVER

This Petition may be amended from time to time by leave of Court. No waiver of any provision shall be effective unless in writing and signed by the party to be charged.

PRAYER FOR RELIEF

WHEREFORE, Petitioner prays that the Court:

1. Issue notice as required by law and set a hearing if required;
2. Admit any attested will to probate if presented and determine testamentary disposition;
3. Appoint Petitioner as Administrator of the estate with authority to administer, preserve, settle, and distribute the estate; and
4. Grant such other and further relief as the Court deems just and proper.

Verification: I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct.

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