This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Estate Without Administration In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000297
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Word;
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FAQ
A petition to remove an executor, or an application to remove an executor, is a legal motion filed with a probate court on behalf of an interested party to a will or estate. A petition for removal alleges that the current executor is unfit for their position due to negligence, misconduct, or incapacity.
The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent. Whether the deceased person was ever married. Names of the surviving heirs. Statement that the deceased did not leave a will. Statement that you are an heir under your state intestacy law.
Letters of Administration will need to be obtained which requires filing a petition and many other documents with the Court. The petition for Letters of Administration is filed in the Surrogate's Court in the county where the decedent lived.
Complete the affidavit: Fill out the form with the decedent's information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.
Away this notice means that someone has filed the petition with the probate court in order toMoreAway this notice means that someone has filed the petition with the probate court in order to commence the probate.
Some limits and drawbacks of small estate affidavits in Indiana include: Estates must be valued under $100,000. All qualifying heirs and beneficiaries must be contacted and consent to the use of the affidavit. Real estate cannot be transferred without court agreement.
Indiana law says that a small estate affidavit must: Provide the name, address, Social Security number and date of the decedent's death. State that the value of the assets in the estate is less than $100,000. State that 45 days have passed since the death.
Filing the Affidavit First, identify the appropriate court. File the small estate affidavit in the probate court within the Indiana county where the deceased resided. Ensure a waiting period of at least 45 days from the decedent's death before filing.
Often this requires providing evidence such as birth certificates or marriage documents. What's more, you may need to provide proof that no will exists, which could take quite some time if all family members cannot be located quickly or if relatives disagree over who should apply for the letters.
Assuming all the relevant documents have been filed, on average, it takes 3 to 6 weeks to receive a letter of administration in New York. If someone is contesting your right to administer the estate, this process could take years. Due to some recent budget cuts and other delays, wait times have slightly increased.