Formal Estate

Formal Estate Proceedings

Formal proceedings are commenced by filing a PC559 Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) and other related papers. After either a court hearing with proper notice to all interested persons or upon full waiver and consent, the probate judge may enter an order called an Order of Formal Proceedings PC569. This order may admit a will, determine the heirs of the deceased and appoint a personal representative. Once the order is entered, the personal representative qualifies to act by filing an PC571 Acceptance of Appointment 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 full waivers and consents.

Forms needed to open file

1.    PC559 Petition for Probate and/or Appointment of Personal Representative

2.    Copy of death certificate

3.    PC565 Testimony to identify Heirs – Must be notarized or signed in front of a deputy register at the court.

4.    PC566 Supplemental Testimony to Identify Heirs (if a devisee is not an Heir) - Must be notarized or signed in front of a deputy register at the court.

5.    PC567 Renunciation of Right to Appointment, Nomination of Personal Representative and Waiver of Notice (if needed)

6.    Original Last Will and Testament (if the decedent had one)

7.    PC562 Notice of Hearing (contact the court for a date and time)

8.    PC564 Proof of Service - Petition and Notice of Hearing to all Interested Parties

9.    PC571 Acceptance of Appointment and (PC 570) Bond if required by the Will

10.    PC572 Letters of Authority

There is a $175 filing fee that must be paid at the time the petition is filed. Please include an additional $12 for each copy of certified Letters of Authority needed.