Administering a Decedent's Estate
Filing Fees
Small Estates
$19,000.00* or
less................................... $25.00**
All Other
Estates..........................................$150.00**
*As Indexed for inflation
**All Estates........................................Inventory Fee
FAQ
When
is it necessary to open an estate for a decedent?
An estate must
be opened if a person dies with property in their name alone (not joint), or
owns an insurance policy or retirement benefits and has not named anyone as a
beneficiary or has made the money payable to the estate. A personal
representative is appointed by the court to handle the administration of
the decedent’s estate.
In which county should I file to open an estate for a
decedent?
A
petitioner would file a decedent's estate in the county in which the decedent was domiciled (usually, this
is where the decedent lived) at the time of death. If the decedent was
domiciled outside of
What
are the different types of estates?
Estate UNDER $19,000:
Estate OVER
$19,000:
1.
Supervised Administration requires the court to review and approve the
actions of the personal representative.
2.
In Unsupervised Administration, the court is only involved at the
beginning and the end unless requested by an interested person or the personal
representative.
How
is a personal representative appointed?
A personal
representative may be formally appointed by a Probate Judge after a petition is
filed in the Probate Court. The petition can be filed by an interested
person to the decedent’s estate. When the petition is filed, unless
waivers and consents from all interested persons are attached, a hearing will
be held. The person who files the petition has the responsibility to
properly notify the persons who have a right to know about the hearing.
On the date of the hearing, the petitioner and anyone else who wants to take
part goes before the Judge and explains the need for a personal representative.
A personal
representative may be appointed informally by filing an application directed to
the Probate Register. An applicant seeking appointment in an informal
proceeding must give notice and a copy of the application to each person having
a prior or equal right to appointment who has not waived the right. Such
a waiver may be accomplished by filing a Waiver and Consent. A proof of
service must also be filed with the court.
The person
appointed personal representative is required to file an Acceptance of
Appointment and possibly a Bond to protect the estate’s assets. After
filing the Acceptance of Appointment and Bond (if ordered), Letters of
Authority will be issued to the personal representative. The Letters of
Authority give the personal representative the right to perform the following
duties, unless the court restricts their authority.
What are the duties of a personal
representative?
1.
To determine if the decedent had a will. If they did, copies must be
given to the beneficiaries. A hearing must be conducted so the Judge can
determine whether the will is valid.
2.
Gather the estate’s assets and determine what they are worth. This
includes checking the decedent’s safety deposit box; determining what, if any,
insurance, social security, pension, veterans or other benefits are payable to
the estate or its beneficiaries; and obtaining appraisals, if necessary.
Within
91 days of being appointed, the personal representative in supervised
administration is required to file an Inventory with the court listing all the
decedent’s assets. For unsupervised administration, the personal
representative must provide all interested persons with an Inventory within 91
days.
3.
Give notice to the decedent’s creditors. This must be published in a
legal newspaper; if you know of particular creditors of the decedent, they must
be given actual notice. You must determine what creditors’ claims, if
any, should be paid.
4.
The estate’s assets must be preserved and distributed to the heirs according to
the will, or if none, by the laws of intestate succession. If you
improperly distribute assets without leaving enough in the estate to pay taxes,
you may be personally responsible for coming up with the difference.
5.
The personal representative must keep careful records of all income of the
estate and all disbursements of the estate’s funds. The personal
representative must keep the estate’s assets separate and never “borrow” from
them.
6.
In supervised administration, file an annual Account each year within 56 days
of the anniversary date of the personal representative’s appointment and a
Final Account when the estate is closed.
The
Account must list receipts (monies in) and disbursements (monies out).
Save your receipts; one must be presented to the court for each
disbursement. In unsupervised administration the Accounts do not have to
be filed with the Court, but they must still be served on interested persons.
7.
If the estate is not settled within a year of the first personal representative’s
appointment, file a notice of continued administration with the court stating
why the estate must remain open. A copy
of this notice must be given to all interested persons.
8.
Ensure that all taxes on the estate are paid. You must also see that the
decedent’s final federal, state and city income taxes are paid and the returns
filed.
When may a personal representative be
removed?
If the personal
representative does not timely perform their duties, any interested person or
the court itself may start proceedings to remove the personal representative or
to force them to take action. The personal representative may be held
liable for losses caused by his or her mistakes or for failing to act quickly
and sensibly.
Do I have to serve as personal
representative if I am nominated in the decedent's
will?
No. You
can decline to serve as personal representative. If you decline, the
court will appoint someone else. Once you are appointed, you cannot
resign without the court’s permission.
Can I receive payment for serving as
personal representative?
Yes. The
amount must be reasonable and is subject to review by the court. The fees
cannot be taken until the administration of the estate is completed.
Can I hire a lawyer or other professionals
to help me administer the estate?
Yes. You
can use attorneys, accountants, investment advisors or other professionals to
help assist in estate administration. The fees of these professionals are
subject to review of the court, and if reasonable, can be paid from the
estate. Even if you hire experts, as personal representative, you are
still responsible for the estate’s administration.
If you have
questions that this pamphlet did not answer, please seek legal advice from an
attorney. By law, court employees are not permitted to give legal advice.
How
much time should I plan on spending at the court to open an estate?
The court’s
hours are
How do I get certified copies of court documents?
They can be
obtained in person or by mailing a request to:
Attn: Certified Desk
1307 Coleman A. Young Municipal Center
If the request
is mailed in, the court will send you a bill.
Rev. 12/08
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