UNSUPERVISED ADMINISTRATION (DE case type)

Formal Proceedings ("Petition")

Formal proceedings are commenced by filing a "Petition for Probate and/or Appointment of Personal representative (Testate/Intestate)" (PC 559) and other related papers.  After either a court hearing with proper notice to all interested persons or upon filing Waiver and Consents from all interested persons, the probate court may admit a will, determine the heirs of the deceased, and appoint a personal representative.  Once the personal representative is appointed, they qualify to act by filing an Acceptance of Appointment (PC 571) and any required bond.  The personal representative will proceed with unsupervised administration until the estate is ready to be closed.  A petition for a formal proceeding on any aspect of administration may be filed at any point.  A judge then enters any applicable orders after either a court hearing with proper notice or upon filing of Waivers and Consents.