Probate Law

• Opening of estate
  1. Admit the will to probate
  2.  Appoint the executor or executrix
  3.   Appoint the appraiser, if required
• Forms required to open estate
  1.      Surviving spouse, next of kin, and legatees (1.0)
  2.      Application to probate will (2.0)
  3.      Notice of Hearing to probate will (2.2)
  4.      Entry admitting will to probate (2.3)
  5.      Appointment of appraiser (3.0)
  6.      Application for authority to administer Estate (4.0)
  7.      Entry appointing the fiduciary; Letters of authority (4.5)
• Inventory and appraisal
  1.      Inventory and Appraisal (Form 6.0)
  2.   Waiver on reserve side
  3.   Notice of Hearing on Inventory
  4.   Entry setting Hearing on Inventory
• Debts of the estate
  1.      Schedule of Claims (Form 7.0)
  a. Payment must be made according to statutory priority.
  b. Fiduciary liable for improper payment.
  2. Priority of Claims
  a.  Costs and expenses of administration
  b.   Bill of funeral director and burial expense not exceeding $800
  c.  Allowance for surviving spouse and children
  d.  Debts entitled to preference under federal law
  e.  Expenses of last sickness
  f.   Personal property taxes and liabilities to the state or a subdivision
  g.  Debts for manual labor within 12 months before death not exceeding $300
  h.  Other debts for claims presented within 3 months after appointment of fiduciary
  i.   All others presented 12 months
• Election by surviving spouse
  1.      May elect pursuant to 2105.06 descent and distribution.  Max. of ½ with no lineal descendants, or 1/3 if two or more
  2.      Other may elect $20,000 if not the mother of any of children of decedent. $60,000 if a mother of children of decedent. ____________ with two or more children
• Transfer of real estate
  Form 12.0 Application for Certificate of Transfer includes an entry Issuing Certificate of Transfer and Certificate of Transfer
• Distribution of estate
  1.      Time for distributing asset is not precisely established by the statutes
  2.   Probably safe to distribute early if no risk to the creditors or beneficiaries arises
  3.   Before distribution can be made, Executor will have to:
  a.  Collect assets
  b. Convert assets to cash
  c. Pay creditors
  d. Make distributions
  e. Settle the estate
  1.      Any fiduciary who makes distribution prior to expiration of time for making spousal elections or for filing claims, is personally liable to spouse or creditor
  2.      Fiduciary should get a receipt for all distributions
• Accounts
  1.      Partial account –Administration is incomplete
  2.      Final account – Administration complete, but not distribution
  3.      Distributive account – Filed after the final account, and shows the fiduciary has made distribution pursuant to court order
  1.      Final and Distributive account – Administration and Distribution completed
  * No account approved prior to time for filing of will contest. (4 months)
  Forms needed for Account:
  13.0     Fiduciary’s Account
  13.1          Receipts and disbursements
  13.2          Assets remaining in Fiduciary’s hands
  13.3 or 13.4   Publication of Notice
  13.5      Entry approving and settling Account