Probate Application Form

Probate Application Form

Petitioner Name: and Co-Petitioner Name: hereby apply to the probate division of the court for administration of the estate of Decedent Name: who died on Date of Death: . The Petitioner alleges that Decedent's domicile at time of death was: .

Recitals

WHEREAS, Decedent left property within this jurisdiction requiring probate or administration, and Petitioner is a person entitled to petition for appointment of a personal representative under applicable succession rules; and

WHEREAS, Decedent's heirs, devisees, creditors and other interested persons are entitled to notice and an opportunity to be heard and the court is empowered to determine the right to appointment and to issue letters to the appointed fiduciary; and

WHEREAS, Petitioner seeks the appointment of a personal representative and, if applicable, admission of the last will and testament of the Decedent to probate.

NOW THEREFORE, Petitioner respectfully petitions the court as set forth in the numbered sections below.

1. Jurisdiction and Venue

Petitioner asserts that the probate court has subject matter jurisdiction over this matter and that venue is proper in this county because Decedent was domiciled in this county at the time of death and maintained significant contacts with this county sufficient to confer venue and jurisdiction under governing statutes and common law.

2. Parties and Interest

Petitioner(s) identify as the persons seeking appointment. Petitioner relationship to Decedent: . Co-Petitioner relationship to Decedent: .

3. Will and Testament

Does Decedent leave a will? Yes    No. If a will exists, location of original will or copy:

4. Petition for Letters

Petitioner requests that the court grant Letters Testamentary if a will is admitted, or Letters of Administration if no will is admitted, to the person nominated by Petitioner as personal representative: Proposed Personal Representative Name: whose address is: .

5. Bond

Petitioner requests that the bond requirement for the personal representative be: . Petitioner supports the request by reason(s):

6. Inventory, Accounting and Administration

Petitioner agrees that the appointed personal representative shall file a complete inventory of estate assets and accountings in accordance with statutory deadlines and shall provide notice to creditors and interested persons as required by law. Estimated gross value of estate assets: .

7. Interested Persons

8. Notices

All notices and communications required or permitted under this petition shall be delivered to Petitioner at the address below or to the attorney of record if one is designated. Petitioner mailing address:

9. Remedies, Fees and Costs

Petitioner requests that the court award reasonable administrative costs and probate fees to the personal representative and allow statutory compensation unless otherwise ordered. Petitioner also requests the court determine entitlement to and allocation of extraordinary fees upon appropriate application.

10. Certification and Verification

Petitioner certifies under penalty of perjury under the laws of this jurisdiction that the foregoing statements are true and correct to the best of Petitioner’s knowledge and belief, that Petitioner is entitled to the relief requested, and that all interested persons have been identified to the extent known.

11. Miscellaneous Provisions

Governing Law: This Petition and any resulting order shall be governed by and construed in accordance with the laws of the state in which this probate court sits.

Entire Agreement: This Petition contains the entire request of Petitioner for the relief set forth herein and supersedes any prior oral or written communications relating to the subject matter of this Petition.

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

Amendments and Waiver: Any amendment to this Petition must be made in writing and filed with the court. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought.

Verification

I declare under penalty of perjury that the foregoing is true and correct. I understand that submitting false statements in a probate petition may subject me to penalties under law including contempt and other sanctions.

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