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Delaware

## **General Forms Information** 

In Delaware the [local Court of Chancery](https://courts.delaware.gov/locations/chancery.aspx "‌") handles estate matters. There are three Chancery courts, one for each of Delaware’s three counties. The state of Delaware does not provide statewide standardized probate forms, rather, the Register of Wills, who is a clerk of the Court of Chancery, maintains their own Register website, which includes county specific forms. These websites are included below.  Select “Forms” from the menu to be taken to their listing of online forms.

- [New Castle Register](https://www.nccde.org/152/Register-of-Wills "‌")
- [Kent Register](https://www.co.kent.de.us/register-of-wills-office.aspx "‌")
- [Sussex Register](https://www.sussexcountyde.gov/register-wills "‌")

### **Small Estate Affidavit** 

The Small Estate Affidavit process in Delaware is an estate settlement option for smaller estates that bypasses the probate process and usually requires only one form.

The interested party completes the Small Estate Affidavit form and signs in front of a notary. This completed affidavit can then be used to obtain possession of estate assets by presenting the affidavit to current custodians. If everything goes smoothly no court involvement will ever be required

The Small Estate Affidavit process can generally be used if:

- The value of all solely owned personal property is less than $30,000
- The decedent did not own real property (i.e., real estate) in Delaware, either solely or as tenants in common
- At least 30 days have passed since the date of death
- Any surviving spouse''s allowance has been paid, provided for, waived, or the time limit for such a request has expired
- All known debts are paid or provided for
- No petition has already been made to the court to officially appoint a personal representative

The Small Estate Affidavit process usually involves forms or affidavits such as: 

- Small Estate Affidavit Form (visit your local Chancery Court to obtain a copy) **OR**
- Request for Small Estate Affidavit Via Mail Form (must have a valid reason for why you cannot obtain the affidavit form in person).
  - [New Castle Register](https://www.newcastlede.gov/DocumentCenter/View/41188/Small-Estate-Affidavit-Mail-In-Request-Fillable-Revised-7-14-2021?bidId= "‌") and [Kent Register](https://www.co.kent.de.us/media/987047/REQUEST-FOR-SMALL-ESTATE-AFFIDAVIT-VIA-MAIL-20170510-Revised_4-9-2020.pdf "‌") both offer this mail option
  - Sussex Register does not have this mail option available on their website and thus you will need to contact them directly

### **Formal Probate**

In Delaware, an estate must be probated if the decedent had more than $30,000 in personal property in his/her name alone, or the decedent owned Delaware real estate in his/her name alone, either solely held or as a tenant in common. In most cases, to open a probate estate, you must make an appointment with your local Chancery Court.

Some of the forms most commonly associated with Formal Probate include:

- Petition for Authority to Act as Personal Representative
- Power of Attorney Form (if the personal representative does not live in Delaware)
- Inventory
- Accounting Form (with receipts)
- List of Beneficiaries 
- Beneficiary Waiver(s)
- Spousal Allowance Request Form 
- Renunciation Form (if the person with priority to serve as personal representative, by Will or by law, will not serve)
- Commission Letter for Personal Representative

District of Columbia

Florida

Georgia

Hawaii

## **General Forms Information** 

In Hawaii, the local [Circuit Court](https://www.courts.state.hi.us/courts/circuit/circuit_courts "‌") handles wills and estate probate. In most cases, Hawaii does not provide state level standardized probate forms to the public. You can either craft your own based on statute requirements, or ask a lawyer to prepare them for you. Some forms may be available at the county level, so be sure to check with your local Circuit Court first.

### **Small Estate - Affidavit**

The Small Estate process in Hawaii is an estate settlement option for smaller estates that bypasses the court entirely and usually requires only one form. The successor completes the Small Estate Affidavit, signs in front of a notary, then presents the affidavit to anyone holding any property items owed to the decedent, in order to obtain possession of that property.

The Small Succession Affidavit process can generally be used if:

1. The gross value of the estate is less than $100,000 (not including vehicles owned by decedent),
2. The estate does not include real property owned solely by the decedent
3. No petition has already been made to the court to officially appoint a personal representative

The Small Estate Affidavit process usually involves forms or affidavits such as: 

- [Small Estate Affidavit](https://www.courts.state.hi.us/docs/form/hawaii/3CE210.pdf "‌")
- [Affidavit for Collection of Personal  Property (Vehicle)](https://www.courts.state.hi.us/docs/form/hawaii/3CE312.pdf "‌")

### **Small Estate - Court Clerk Administration**

The Small Estate Court Clerk Administration is another option available for handling small estates. If the estate has a gross value of less than $100,000, the court clerk may be able administer the estate for you – saving you effort and time.  Using Court Clerk Administration, the court clerk will handle everything, acting as the personal representative for the estate. However, Court Clerk Administration does come with a cost – a fee of approximately 3% of the estate, plus administration expenses. 

The Court Clerk Administration process can generally be used if:

1. The gross value of the estate is less than $100,000 (under this process, the estate can include real property, but must still fall below the $100,000 limit)
2. No personal representative has already been appointed

Some of the forms most commonly associated with Small Estate - Court Clerk Administration include:

- Petition for Court Clerk Administration

### **Summary Administration**

Summary Administration (also known as simplified probate) can also be used for small estates. Summary Administration does involve opening a probate case, but the process is much more streamlined than informal or formal probate (discussed below). This saves both time and money for the estate and the personal representative.

Summary Administration can generally be used if the value of the entire estate, minus liens and encumbrances (i.e. debts), does not exceed the value of:

1. The homestead allowance (a set amount a surviving spouse or children are entitled to under Hawaii law)
2. Exempt property (a set amount of personal property, such as furniture and household items, that must be given to a surviving spouse or children),
3. The family allowance (a set amount that a surviving spouse or children are entitled to under Hawaii law)
4. Costs of probate administration
5. Reasonable funeral expenses, AND
6. Medical expenses of a last illness

Some of the forms most commonly associated with Summary Administration include:

- Petition for Informal Probate 
- Application for Informal Appointment of Personal Representative 
- Letters of Administration/Letter Testamentary
- Inventory 
- Final Accounting 
- Closing Statement 

### **Informal Probate**

Most Hawaii probates can be opened as Informal Probate proceedings. An Informal Probate can generally be used when there are no creditor problems to resolve, and you don''t expect any issues to arise between heirs, beneficiaries, etc. However, the proceeding can be converted to a formal proceeding if an issue does arise.

Under the Informal Probate process, a Personal Representative is appointed by a court registrar, not a judge, so no court appearances are required. The probate can be completed by filing all necessary documents with the probate court, without the probate judge having to step in to make any decisions. Therefore, Informal Probates are generally much quicker and less expensive when compared to Formal Probate (discussed below).

Some of the forms most commonly associated with Informal Probate include:

- Application for Informal Probate 
- Application for Informal Appointment of Personal Representative
- Letters Testamentary OR Letters of Administration
- Notice to Creditors
- Proof of Publication
- Inventory and Appraisal
- Final Accounting
- Closing Statement of Personal Representative

### **Formal Probate**

Formal Probate would be used when an estate does not qualify for probate through affidavit, summary administration, or informal administration. The Formal Probate process can be either Unsupervised or Supervised. 

1. **Unsupervised Formal Probate** is usually used when there is a problem regarding one or more specific issues regarding the estate, or when the Personal Representative wants to limit their liability by having the court more involved with their decision making. Unsupervised Formal Probate may involve a few court appearances to allow the probate judge to resolve a problem, or to direct and approve certain actions taken by the Personal Representative.
2. **Supervised Formal Probate** is generally used when there is a major dispute over an estate, requiring the probate judge to supervise the entire case. There may be many court appearances and often a Supervised Formal Probate may take years to finalize and require significant legal fees.

Some of the forms most commonly associated with Formal Probate include:

- Petition for Probate of Will and Appointment of Personal Representative
- Acceptance of Appointment 
- Receipt for Notice of Hearing
- Letters Testamentary OR Letters of Administration
- Notice to Creditors
- Inventory and Appraisal
- Final Accounting
- Approval, Request, and Waiver of Notice
- Petition for Approval of Final Accounts and Distribution and Complete Settlement of Estate
- Final Receipt

Idaho

## **General Forms Information**

In Idaho, the Magistrate Division of the local [County Court](https://isc.idaho.gov/files/county_courthouse_directory.pdf "‌") or the [District Court](https://isc.idaho.gov/district-courts "‌") handles wills and estate probate.

In most cases, Idaho does not provide standardized probate forms to the public. You can either craft your own based on statute requirements, or ask a lawyer to prepare them for you (which is the method recommended by many of the clerks of courts). Some forms may be available at the county level, so be sure to check with your local court first.

### **Small Estate Affidavit**

The Small Estate Affidavit process in Idaho does not involve a court proceeding and usually requires only one form. The successor completes the affidavit, signs in front of a notary, then presents the affidavit to anyone holding any property items owed to the decedent to collect the property.

In most cases, Small Estate Affidavits only apply if:

1. The total value of the estate probate assets are less than $100,000
2. The probate estate has no real property
3. At least 30 days have passed since the death of the decedent, **AND**
4. No petition has already been made to the court to officially appoint a personal representative

The Small Estate Affidavit process usually involves forms or affidavits such as: 

- [Small Estate Affidavit Form](https://www.idaholegalaid.org/sites/idaholegalaid.org/files/AFFIDAVIT%20FOR%20COLLECTION%20OF%20PERSONAL%20PROPERTY%20PURSUANT%20TO%20SMALL%20ESTATE%20PROCEEDING.docx "‌")

Other forms that may be applicable:

- [Transportation Department Small Estate Affidavit](https://itd.idaho.gov/wp-content/uploads/2016/06/3413.pdf "‌") \- use to claim ownership of a motor vehicle (file with the local DMV Office)

### **Informal Probate**

Informal probate simply means that probate is filed with the court, but is not supervised by the court. In other words, once the personal representative is appointed over the estate, that individual has the authority to move forward with completing all probate related tasks without the need for approval from the court.

Informal Probate can be an option for estates that do not qualify for the Small Estate Affidavit process mentioned above. It can be used whether there is or is not a written last will and testament, whether or not real estate is involved, and/or when the value of the estate is worth more than $100,000.

Some of the forms most commonly associated with Informal Probate in Iowa include:

- An Application for Informal Probate and Appointment of a Personal Representative 
- Petition to Probate Will
- Acceptance of Appointment 
- Statement of Informal Probate and Appointment of Personal Representative
- Letters Testamentary or Letters of Administration
- Notice to Heirs and Devisees
- Notice to Creditors
- Affidavit of Publication
- Inventory and Appraisement
- Petition for Distribution of Estate Assets
- Receipt and Release
- Accounting
- Informal Verification Statement of Personal Representative Closing Estate

### **Formal Probate**

In a formal probate, the estate will receive the full attention of the court. A formal probate procedure is recommended when there are disputes concerning the validity of a will or the appointment of a personal representative, when there are questions concerning potential heirs, when there are potential challenges surrounding distribution of estate property, and/or when family members are contentious.

Formal probate may be requested by the person listed as the personal representative, or by beneficiaries or other individuals who prefer that the court oversee and approve the actions of the personal representative before they are taken. The advantages of this type of administration include less liability on the personal representative since there is more court oversight. The disadvantages include the time it takes for the estate to close and the higher costs. 

Despite the higher level of court involvement, the formal probate process is similar to the informal process.

Some of the forms most commonly associated with Formal Probate in Iowa include:

- An Application for Formal Probate and Appointment of a Personal Representative 
- Petition to Probate Will
- Acceptance of Appointment 
- Statement of Formal Probate and Appointment of Personal Representative
- Letters Testamentary or Letters of Administration
- Notice to Heirs and Devisees
- Notice to Creditors
- Affidavit of Publication
- Inventory and Appraisement
- Petition for Distribution of Estate Assets
- Receipt and Release
- Accounting
- Verification Statement of Personal Representative Closing Estate.  

### **Summary Administration of Estate**

Summary Administration of an Estate is a particular type of probate sometimes available to only a surviving spouse. It can be used for any size estate and whether or not there was a will, as long as the property of the estate was considered “[community property](https://www.weareatticus.com/terms/right-of-survivorship "‌")”. 

If there was a will, the property passes to the surviving spouse by way of the will.  If there was no written will, but all the property owned by the deceased spouse was community property, the Idaho statutes state that all the property will go to the surviving spouse. Since Idaho is considered a community property state, in most circumstances, a Summary Administration can be used by the surviving spouse.

Summary Administration is a fairly fast process that begins with filing a Petition for Summary Administration. A hearing is scheduled and, if all is in order, the Court will sign a “Decree Vesting Estate in Surviving Spouse”. This decree is a court order that legally transfers the estate, property, and debts, to the surviving spouse. The spouse would use the decree to obtain possession of any of the estate assets by presenting it to current custodians of the property.

This process usually involves forms or affidavits such as: 

- [Petition for Summary Administration](https://www.idaholegalaid.org/sites/idaholegalaid.org/files/Petition%20for%20Summary%20Admin%20-%20surviving%20spouse.docx "‌")

Illinois

## **General Forms Information**

In Illinois, the local [Circuit Court](http://illinoiscourts.gov/CircuitCourt/CCInfoDefault.asp "‌") handles wills and estate probate. Unfortunately, the state of Illinois does not provide statewide standardized probate forms. Some probate forms are found at the county level. A listing of some of the county level Circuit Courts with forms included on their website are:

- [Cook County](https://services.cookcountyclerkofcourt.org/Forms/ "‌")
- [Kane County](http://cic.countyofkane.org/Pages/Forms.aspx "‌")
- [Lake County](https://www.lakecountycircuitclerk.org/court-forms "‌")
- [St. Clair County](https://www.co.st-clair.il.us/departments/circuit-clerk/documents-and-forms?subDirectory=DocDirwebdocuments%5Cdepartments%5Ccircuitclerk%5CProbate "‌")
- [Will County](https://www.circuitclerkofwillcounty.com/Court-Forms/decedent-estate-packet%20%20https://services.cookcountyclerkofcourt.org/Forms/ "‌")

If you don’t see your county listed here, check with your local court check to determine whether they have their own equivalent forms, or if they will allow you to use forms created by another court. If no county specific forms are available, a local trust & estates attorney can assist with the drafting of any necessary forms and the submission of them to the courts on behalf of the estate. 

### **Small Estate Affidavit**

The Small Estate process in Illinois is an estate settlement option for smaller estates that bypasses the court entirely and usually requires only one form. The successor completes the Small Estate Affidavit, signs in front of a notary, then presents the affidavit to anyone holding any property items owed to the decedent in order to obtain possession of that property.

The Small Succession Affidavit process can generally be used if:

- The qualified gross value of the estate is less than $100,000.
- The estate contains no real property (i.e. real estate)
- No one has been appointed executor for the estate, and there are no known plans for such an appointment
- There is no known conflict or potential dispute among the potential heirs
- The will, if one exists, has been filed with the court

The Small Estate Affidavit process usually involves forms or affidavits such as: 

- Small Estate Affidavit

### **Summary Administration**

Summary Administration is an option for small estates that include real property. Summary Administration does not allow probate to be bypassed completely (as with the affidavit process above), but it is much more streamlined than full probate, saving both time and money. 

Using Summary Administration distribution of the decedent''s property is possible without the issuance of Letters of Office to a Representative, and without the filing of an Inventory or Accounting.

Summary Administration can generally be used if:

- The gross value of the real and personal property of the probate estate is less than $100,000
- The estate has paid or will pay all state and federal taxes owed
- All people named in the will to inherit, and all heirs-at-law (people who would inherit if there were no will) have consented in writing to a summary administration
- Each person who will receive a distribution provides a bond promising to repay that distribution if a valid debt claim arises
- The petitioner has published a notice informing all persons of the death of the decedent and of the filing of the petition for distribution of the estate on summary administration

Some of the forms most commonly associated with Summary Administration include:

- Petition for Summary Administration OR Petition for Summary Intestate Administration
- Notice of the Death
- Notice of the Summary Administration Petition
- Notice of the Hearing
- Publication (in newspaper)
- Proof of Publication
- Order Authorizing the Summary Administration

### **Formal Probate**

There are two types of Formal Probate in Illinois – Independent and Supervised.

1. **Independent Administration** is typically used for uncontested estates in Illinois, as long as the will (if there is one) does not expressly forbid independent administration. Independent Administration still includes court proceedings, as a judge must approve certain actions taken by the Personal Representative, but it is generally a faster process with lower court costs and attorney fees than the alternative Supervised Administration, since a judge is not required to approve every action taken by the executor.
2. **Supervised Administration** includes court supervision over almost every step of the probate process. Supervised Administration is generally used when:
   - The will expressly forbids independent administration
   - An interested person is a minor or person with legal disability and the court finds that the ward’s interests are not adequately represented
   - An interested person objects to independent administration
   - There is a dispute involving the estate, including the validity of the will
   - When the estate is complex or contentious

Some of the forms most commonly associated with Formal Probate in Illinois include:

- Petition for Probate of Will and Letters Testamentary OR Petition for Letters of Administration 
- Oath and Bond
- Affidavit of heirship;
- Order declaring heirship.
- Notice of Hearing
- Notice of Administration to Heirs
- Proof of Mailing Notice
- Acceptance of Office
- Notice to Known Creditors
- Notice by Publication to All Creditors
- Inventory
- Final Report
- Receipt on Distribution
- Notice of Final Report

Indiana

## **General Forms Information**

In Indiana, probate and estate matters are handled in the local [Circuit or Superior Court](https://www.in.gov/judiciary/files/court-directory.pdf "‌"). [St. Joseph County](https://www.sjcindiana.com/1988/Probate-Court "‌") is the only county that also has a specialized Probate Court.

Indiana does not provide statewide forms for probate. Many Indiana probate forms are found at the county level. A listing of some of the county level Circuit Courts with forms included on their website are:

- [Allen County Forms](https://allencoclerk.us/legal-forms-resources/forms/probate-forms/ "‌")
- [Marion County Forms](https://www.indy.gov/activity/civil-division-court-d08 "‌") 
- [Lake County Forms](https://www.lakecountycircuitclerk.org/divisions/civil-division/probate-records/wills-and-probate "‌")
- [Monroe County Forms](https://www.co.monroe.in.us/department/division.php?structureid=173 "‌")

If you don’t see your county listed here, check with your local court. If no county specific forms are available, a local trust & estates attorney can assist with the drafting of any necessary forms and the submission of them to the courts on behalf of the estate. 

### **Small Estate Affidavit**

Small Estates in Indiana may be eligible for the Small Estate Affidavit process, allowing a person to settle an estate with no court involvement. Unlike most probate processes, the Small Estate Affidavit process does not generally require an attorney and usually needs only one form. Since property that passes outside of probate is not counted in the probate estate, often even relatively large estates might qualify for the small estate affidavit.

Once the affidavit is completed, it can be used to obtain possession of estate assets simply by presenting the affidavit to current custodians of the property.

In most cases, Small Estate probate only applies if:

- The value of the probate estate is less than $50,000 for deaths on or before June 30, 2022, or less than $100,000 for deaths after June 30, 2022
- The probate estate does not include real estate
- It has been more than 45 days since the decedent passed away
- No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.

This process usually involves forms or affidavits such as: 

- [Small Estate Affidavit](https://admin.indianalegalhelp.org/wp-content/uploads/2022/11/5000_SmallEstateAffidavit_0722_FILLABLE-1.pdf "‌") (also called Affidavit for Transfer of Assets without Administration)

Other Useful Forms for Indiana include:

- [Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration](https://forms.in.gov/Download.aspx?id=15187 "‌") \- to transfer title of a vehicle or watercraft (file with the Bureau of Motor Vehicles)

## **Summary Probate**

Summary Probate (also known as simplified probate) is another possible option for small estates. Summary Administration does involve opening a probate case, but the process is much more streamlined than Formal Probate. This saves both time and money for the estate and the personal representative.

Summary Administration can generally be used if the value of the estate, after subtracting any estate administration costs and reasonable funeral expense, is less than $100,000. Unlike the Small Estate Affidavit, Summary Probate can be used if real estate is included in the estate.

Some of the forms most commonly associated with Summary Probate include:

- Petition for Probate and Issuance of Letters Testamentary/Letters of Administration 
- Letters of Administration/Letter Testamentary
- Inventory 
- Final Accounting 
- Closing Statement 
- Closing Statement Notices
- Real Property Affidavit

### **Formal Probate**

There are two types of Formal Probate in Indiana \– Supervised Administration and Unsupervised Administration. As the name implies, the difference is the level of court supervision. 

1. **Supervised Administration** includes more court oversight, with approval required for most actions taken by the personal representative. This causes the probate process to take longer since a judge must review and sign off on most decisions. Supervised Administration is a good idea if there is no will and/or the heirs are unknown, the will is not clear, the will is being contested, the beneficiaries do not get along, and/or the estate contains assets that are difficult to value or sell.
2. **Unsupervised Administration** is the most common type of probate procedure in Indiana. It includes less court oversight than supervised administration. Unsupervised administration can only be used if the estate is solvent (has more assets than debts), and if the will authorizes it (or if the will does not specifically authorize it, if all heirs/devisees interested in the estate consent to unsupervised administration). Generally, unsupervised administration is appropriate when there are no disputes that need to be resolved by a court. 

Some of the forms most commonly associated with Formal Probate in Indiana include:

- Petition for Probate
- Petition to Appoint Personal Representative 
- Oath of Personal Representative
- Notice of Supervised Administration
- Instructions to Personal Representative of Supervised Estate
- Instructions to Personal Representative of Unsupervised Estate
- Consent to Unsupervised Administration
- Notice of Unsupervised Administration to be Mailed to a Creditor
- Notice of Unsupervised Administration to be Mailed to a Distributee
- Proposed Order Probating Will 
- Proposed Letters 
- Order Appointing Personal Representative 
- Notice of Administration for Publication
- Inventory
- Final Account
- Petition for Final Distribution
- Notice of Final Report in Estate
- Final Report of Independent Representative 
- Receipt, Consent, and Waiver on Closing of Decedent’s Estate 

Iowa

## **General Forms Information**

In Iowa, probate is handled in the local District Courts. There are 8 Judicial Court Districts serving the 99 counties in Iowa. You can learn more about which district serves your county on the [Iowa courts website](https://www.iowacourts.gov/iowa-courts/district-court/ "‌").

The state of Iowa generally requires the use of an attorney for probate. Therefore, in most cases, state-provided forms are not currently made available to the public by the state of Iowa. A local trust & estates attorney can assist with the drafting of any necessary forms and the submission of them to the courts on behalf of the estate. 

### **Small Estate Affidavit**

Small Estates in Iowa may be eligible for the Small Estate Affidavit process, allowing a person to settle an estate with no court involvement. Using this process, the completed and notarized affidavit is used to obtain possession of estate assets simply by presenting the affidavit to current custodians of the property. Once the property is obtained, the estate would be settled in a normal way (paying debts and then distributing remaining assets to the appropriate beneficiaries).

To qualify for a Small Estate Affidavit:

- The gross value of the estate assets is less than $50,000, not including homestead and exempt property
- The value of the assets of the estate, not including homestead and exempt property, exceeds the known liabilities
- The estate contains no real property (i.e., real estate), or the real property passes to persons exempt from inheritance tax as joint tenants with full rights of survivorship
- At least 40 days have passed since the death of the decedent

This process usually involves forms or affidavits such as: 

- Small Estate Affidavit

### **Small Estate Administration**

For small estates that do not qualify for the Small Estate Affidavit process discussed above, Small Estate Administration may be an option. Small Estate Administration is a simplified form of probate that allows the distribution of assets to occur much more quickly, and with less court supervision, than under Formal Probate. 

To qualify for Small Estate Administration:

- The gross value of assets subject to probate must usually be less than $200,000 (or less than $100,000 for deaths before July 1, 2020). In determining the value of the estate, you should value assets as of the date of death, and subtract any secured liens or mortgages (but not general unsecured debt). In addition, you should not include any assets that would not normally go through probate, such as community property with rights of survivorship, assets with named beneficiaries (e.g., 401Ks, life insurance policies), and other standard probate exclusions.

Some of the forms most commonly associated with Small Estate Administration in Iowa include:

- Petition for a Small Estate Administration
- Bond or Bond Waiver
- Letters of Administration
- Notice of Administration
- Estate Inventory
- Small Estate Statement
- Final Accounting
- Closing Statement 
- Notice of Closing Statement
- Affidavit of Closing Notification
- Statement of Asset Distribution

Kansas

Kentucky

Louisiana

## General Forms 

Louisiana law uses the word succession to refer to the probate process. In Louisiana the local [District Court](https://www.lasc.org/About/AdditionalLinks#DistrictCourts "‌") handles wills and estate succession.

In most cases, Louisiana does not provide or require the use of state-wide succession forms. You can either contact your local court to see if they have a preferred form, adapt one of the sample forms provided here, or have a lawyer do it for you.

### Small Succession Affidavit

The Small Succession Affidavit process in Louisiana is an estate settlement option for smaller estates that bypasses the court entirely and usually requires only one form. The successor completes the Small Succession Affidavit, signs in front of a notary, then presents the affidavit to anyone holding any property items owed to the decedent to gain possession.

The Small Succession Affidavit process can generally be used if:

1. The gross value of the estate is less than $125,000,
2. There is no will (or the decedent lived out of state and the will was probated there),
3. The sole heirs are the decedent''s descendants, ascendants, siblings, descendants of siblings, and/or a surviving spouse, and
4. If the succession includes real estate, then at least 90 days have passed since the death of the decedent

The Small Succession Affidavit process usually involves forms or affidavits such as: 

- [Small Succession Affidavit](https://revenue.louisiana.gov/TaxForms/3405%284_02%29F.pdf "‌")

Other forms that may be applicable:

- [OMV Affidavit of Heirship](https://dpsweb.dps.louisiana.gov/DPSForms.nsf/8bad5589175b8981862575f20048ee65/cd185b1a843ddc8286256dc000696160/$FILE/1696.pdf "‌") \- To transfer title of a vehicle, you must also file this with the OMV

### Unadministered Succession (Succession without Administration)

If you do not qualify for a Small Succession Affidavit, or do not want to use the Affidavit process, another option is to settle the estate via an Unadministered Succession. Using Unadministered Succession, no court administration is necessary. After the correct documents are filed with the court, a Judgment of Possession is obtained, transferring title and ownership of the decedent’s assets to the rightful heir/legatee. 

In general, the eligibility requirements to settle an estate via an Unadministered Succession differ based on if the decedent died with or without a will.

- If the decedent left a will, Unadministered Succession can be pursued if: 
  - All the inheritors agree to Unadministered Succession, AND 
  - No estate creditor has demanded an administration
- If the decedent died intestate, Unadministered Succession can be pursued if: 
  - The estate must have no debts other than expenses of estate administration, mortgages that are paid current, and other debts that are small in comparison with the assets of the succession, AND
  - All parties involved in the estate must agree to an Unadministered Succession.

Some of the forms most commonly associated with Unadministered Succession in Louisiana include: 

- Petition for Probate
- Affidavit of Death, Jurisdiction, and Heirship
- Sworn Detailed Descriptive List
- Petition for Possession
- Judgment of Possession

### Administered Succession (Succession with Full Administration)

If the estate does not qualify for an Unadministered Succession, an Administered Succession will be necessary. In an Administered Succession, a succession representative is appointed by the court to represent the succession, resolve all outstanding issues, and fully administer the estate. 

Administered Succession is usually required when:

- There is a question regarding the validity of the decedent’s Last Will and Testament, or the identity of the decedent’s heirs (heirs are unclear or cannot be located or it is unclear which of them are entitled to the decedent’s property;)
- There is a question regarding the solvency of the estate;
- Assets need to be sold from within the succession proceeding to pay creditors;
- An heir claims that he or she has not received the assets to which he is entitled by law; or
- Other disputes arise regarding the succession.

Administered Succession can be either Independent or Court Supervised.

1. Independent Administration can be required or prohibited in a Last Will and Testament. If it is not mentioned in the will, all those standing to inherit property must consent to the use of this type of proceeding. If the decedent died intestate, all intestate successors must consent. In an independent administration, the succession representative has less court oversight and does not need court permission to pay debts, sell property of the estate, etc. Therefore, Independent Administration is generally faster with lower court costs and attorney fees than the alternative Court Supervised Administration, since there is no need to ask the court for authority to take each step. 
2. Court Supervised Administration is used if the succession doesn’t qualify for independent administration. Using this process, the succession representative is responsible for administering the estate under court supervision, requiring the court to oversee every step of the administration process.

Some of the forms most commonly associated with Administered Succession in Louisiana include: 

- Petition for Probate
- [Affidavit of Death, Jurisdiction, and Heirship](http://www.caddoclerk.com/pdfs/AffidavitofDeathandHeirship.pdf "‌")
- Inventory or Sworn Detailed Descriptive List
- Oath of Executor/Administrator
- Bond (if required)
- Annual Accountings
- Notice of Accountings
- Tableau of Distribution
- Petition for Authority to Pay Debts 
- Petition for Possession 
- Judgment of Possession

Maine

Maryland

Massachusetts

## **General Forms Information**

In Massachusetts, the local Probate and Family court handles wills and estate probate. You can find the court that serves your county [here](https://www.mass.gov/orgs/probate-and-family-court/locations?_page=1&page=1&location=&tags= "‌"). The state of Massachusetts provides their state level probate forms online at [Mass.gov](https://www.mass.gov/lists/probate-and-family-court-forms-for-wills-estates-and-trusts "‌"). 

### **Voluntary Administration**

Voluntary Administration in Massachusetts is a simplified process for an estate with few assets and no real estate. The Voluntary Administration process is available whether or not the decedent left a will and can generally be used if:

- The decedent  was a Massachusetts resident.
- The probate estate consists entirely of personal property valued at $25,000 or less (excluding the value of a car).  
- At least 30 days have passed since the death of the decedent
- The petitioner is an [interested person](https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleI/Section1-201 "‌")
- No probate proceeding is already pending

The Voluntary Administration process usually involves forms or affidavits such as:

- [Voluntary Administration Statement (MPC 170) ](https://courtforms.jud.state.ma.us/publicforms/PFC0007 "‌")

### **Informal Probate**

Informal Probate in Massachusetts is an administrative proceeding, which means that it is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge. The court does not allow hearings for this process. Informal probate can be a faster process than Formal Probate (discussed below) if you meet all the requirements. A magistrate can issue an informal order as early as 7 days after the death of the decedent.

Informal Probate can generally be used if:

- You have the original will
- You have the official death certificate
- You know the location and identity of all heirs and devisees
- The person who will be appointed personal representative has priority for appointment
- Any spouse, heir, or devisee that is incapacitated, or is a minor, is represented by a conservator, or a guardian who isn''t the person filing for probate
- The court hasn’t required supervised administration (this is not commonly required). 
- You don’t need a judge to sign an order or final decree for any reason.

Some of the forms most commonly associated with Informal Probate include:

- [Petition for Informal Probate of Will and/or Appointment of Personal Representative (MPC 150)](https://courtforms.jud.state.ma.us/publicforms/PFC0010 "‌")
- [Surviving Spouse, Children, Heirs at Law (MPC 162)](https://courtforms.jud.state.ma.us/publicforms/PFC0009 "‌")
- [Devisees (MPC 163)](https://www.mass.gov/info-details/probate-and-family-court-devisees-mpc-163 "‌") (only if there is a will)
- Citation Return of Service (MPC 560) (the court will give you this)
- [Notice of Informal Probate and Return of Service (MPC 550)](https://www.mass.gov/info-details/probate-and-family-court-notice-of-informal-probate-mpc-550 "‌")
- [Order for Informal Probate of Will and/or Appointment of Personal Representative (MPC 750)](https://www.mass.gov/info-details/probate-and-family-court-order-of-informal-probate-of-will-andor-appointment-of-personal-representative-mpc-750 "‌")
- [Informal Probate Publication Notice (MPC 551)](https://www.mass.gov/info-details/probate-and-family-court-informal-probate-publication-notice-mpc-551 "‌")
- [Bond (MPC 801)](https://www.mass.gov/info-details/probate-and-family-court-bond-mpc-801 "‌") (usually only if no will)
- [Petition for Order of Complete Settlement (MPC 855)](https://courtforms.jud.state.ma.us/publicforms/PFC0029 "‌")
- [Decree and Order on Petition for Order of Complete Settlement (MPC 790)](https://courtforms.jud.state.ma.us/publicforms/PFC0041 "‌")
- [Final Account (MPC 853 OR MPC 853a)](https://courtforms.jud.state.ma.us/publicforms/PFC0107 "‌")
- [Inventory (MPC 854](https://courtforms.jud.state.ma.us/publicforms/PFC0108 "‌")
- [Closing Statement (MCP 850) ](https://courtforms.jud.state.ma.us/publicforms/PFC0034 "‌")

### **Formal Probate**

Formal Probate matters are typically heard by a judge and may involve one or more court hearings. You might need to file a formal probate for several reasons, including:

- To object to an informal probate
- If the will is a copy or has handwritten words added (interlineations) or crossed out (deletions)
- The terms of the will aren''t clear.
- You need supervised administration. Supervised administration means that the court would have to approve everything the personal representative wants to do before you do it. Supervised administration extends until someone enters an order that approves distribution of the estate and discharges the personal representative or until another order ends the proceeding. Supervised administration is not commonly required.
- The court needs to appoint a Special Personal Representative.
- Incapacitated persons or minor heirs or devisees need to be represented.
- The personal representative doesn''t have priority for appointment. Priority for appointment is a way of deciding how to rank the people who may be appointed personal representative.
- The petitioner is a creditor or public administrator.
- Informal probate isn''t available (see the list in the section above).
- A judge must sign an order or final decree for any reason

Some of the forms most commonly associated with Formal Probate in Massachusets include:

- [Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160)](https://courtforms.jud.state.ma.us/publicforms/PFC0015 "‌")
- [Surviving Spouse, Children, Heirs at Law (MPC 162)](https://courtforms.jud.state.ma.us/publicforms/PFC0009 "‌")
- [Devisees (MPC 163)](https://courtforms.jud.state.ma.us/publicforms/PFC0016 "‌") (only if there is a will)

- Citation Return of Service (MPC 560) (the court will give you this)
- [Decree and Order on Petition for Formal Adjudication (MPC 755)](https://courtforms.jud.state.ma.us/publicforms/PFC0027 "‌")

- [Petition for Order of Complete Settlement (MPC 855)](https://courtforms.jud.state.ma.us/publicforms/PFC0029 "‌")
- [Decree and Order on Petition for Order of Complete Settlement (MPC 790)](https://courtforms.jud.state.ma.us/publicforms/PFC0041 "‌")
- [Final Account (MPC 853 OR MPC 853a)](https://courtforms.jud.state.ma.us/publicforms/PFC0107 "‌")
- [Inventory (MPC 854](https://courtforms.jud.state.ma.us/publicforms/PFC0108 "‌")
- [Closing Statement (MCP 850) ](https://courtforms.jud.state.ma.us/publicforms/PFC0034 "‌")

### **Other Common Forms You May Need**

- [Bond (MPC 801)](https://www.mass.gov/info-details/probate-and-family-court-bond-mpc-801 "‌") if you want to appoint a personal representative
- [Military Affidavit](https://www.mass.gov/doc/military-affidavit/download "‌")
- [Assent and Waiver of Notice/Renunciation/Nomination/Waiver of Sureties (MPC 455)](https://courtforms.jud.state.ma.us/publicforms/PFC0012 "‌")
- [Cause of Death Affidavit (MPC 475)](https://courtforms.jud.state.ma.us/publicforms/PFC0085 "‌")
- [Affidavit of Witness to Will (MPC 480)](https://courtforms.jud.state.ma.us/publicforms/PFC0085 "‌")
- [Affidavit of Domicile (MPC 485)](https://courtforms.jud.state.ma.us/publicforms/PFC0039 "‌")

Michigan

Minnesota

Mississippi

## **General Forms Information**

In Mississippi, the local [Chancery Court](https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php "‌") handles wills and estate matters. A general summary of the forms required for each type of probate is below.

In most cases, Missouri does not provide state level standardized probate forms. You can either craft your own based on statute requirements, or ask a lawyer to prepare them for you. Some forms may be available at the county level, so be sure to check with your local court first.

### **Small Estate Affidavit**

The Small Estate Affidavit process in Mississippi is an estate settlement option for smaller estates that bypasses the court entirely and usually requires only one form. The successor completes the Small Estate Affidavit, signs in front of a notary, then presents the affidavit to anyone holding any property items owed to the decedent to gain possession.

The Small Estate Affidavit process does not generally require and attorney can usually be used if:

- The decedent did not have any real property AND 
- When personal property of the probate estate is valued at less than $75,000 (not counting excluded property)

The Small Estate Affidavit process usually involves forms or affidavits such as: 

- Small Estate Affidavit
- [Affidavit of Heirship for Motor Vehicle](https://www.dor.ms.gov/sites/default/files/2021-10/78014178%20Affidavit%20of%20Heirship%20for%20a%20motor%20vehicle%2020210817.pdf "‌") \- To transfer title of a vehicle, you must also file this with the DMV

### **Muniment of Title**  

Navigating  probate under Muniment of Title only applies when  the decedent passed away with a valid  last will and testament. Muniment of Title also applies only to real property, and can typically only be used if all known debts of the decedent and his estate (including estate and income taxes) have been paid. 

Under Muniment of Title, the real property of a decedent can be transferred without the necessity of a formal probate proceeding. The judge’s order in a muniment proceeding serves as a deed substitute to transfer the real estate to the individuals named in the will.

The state of Mississippi generally requires the use of an attorney for Muniment of Title probate. Therefore, state provided forms are not available to the public. A local trust & estates attorney can assist with the drafting of any necessary forms and the submission of them to the courts on behalf of the estate. 

Muniment of Title usually involves forms or affidavits such as: 

- Petition for Probate of Will as Muniment of Title Only

### **Formal Probate**

The state of Mississippi generally requires the use of an attorney for formal probate. Therefore, state-provided forms are not currently made available to the public by the state of Mississippi. A local trust & estates attorney can assist with the drafting of any necessary forms and the submission of them to the courts on behalf of the estate. 

Some of the forms most commonly associated with Formal Probate include:

- Petition to Appoint Administrator/Executor 
- Petition for Issuance of Letters of Administration (for intestate estates) or Letters Testamentary (for testate estates).
- Oath of Administrator/Executor 
- Bond of Administrator/Executor (unless waived by Will or by Court at request of all known heirs)
- Affidavit of Identification and Notification of Known Creditors
- Notice to Creditors
- Proof of Publication of Notice to Creditors
- Inventory, Accounts, and/or Appraisement of Personal Property - use the Atticus Inventory Report to assist
- Final Accounting
- Petition to Approve Final Accounting, Distribute Assets, and Close Estate

Missouri

## **General Forms Information** 

In Missouri, probate is handled in Missouri Circuit Courts. There are 46 Circuit courts representing Missouri’s 110 counties. 

Missouri provides only [limited statewide forms](https://www.courts.mo.gov/page.jsp?id=662 "‌") for probate.  Many Missouri probate forms are found at the Circuit Court/county level. A listing of some of the Circuit Courts with forms included on their website are:

- [Cedar County Probate Forms](http://cedarcountymo.gov/circuit-clerk "‌") (1st Circuit)
- [Clay County Probate Forms](https://www.circuit7.net/forms/?office=PRO "‌") (7th Circuit)
- [St. Charles County Probate Forms](https://www.courts.mo.gov/hosted/circuit11/probateforms.html "‌") (11th Circuit)
- [Boone County Probate Forms](https://www.courts.mo.gov/hosted/circuit13/forms/forms.htm "‌") (13th Circuit)
- [Jackson County Probate Forms](https://www.16thcircuit.org/forms-5 "‌") (16th Circuit)
- [St. Louis County Probate Forms](https://wp.stlcountycourts.com/probate-court/probate-forms/ "‌") (21st Circuit
- [City of St. Louis Probate Forms](https://www.stlcitycircuitcourt.com/index2.html?XMLFile=xml/ProbateCourtForms.xml "‌") (22nd Circuit)
- [Dade County](https://www.dadecountymo.com/circuit-clerk#Forms "‌") (28th Circuit)
- [Jasper County Probate Forms](https://jaspercountycourts.org/probate "‌") (29th Circuit)
- [Green County Probate Forms](http://www.greenecountycourts.org/probate-forms "‌") (31st Circuit)

If you don’t see your county listed here, check with your local court. If no county specific forms are available, you can ask if forms from another Missouri county would be acceptable, or contact a local trust & estates attorney to assist with the drafting of any necessary forms.

### **Small Estates**

The Small Estate Administration process in Missouri is an estate settlement option for smaller estates that requires only minimal court involvement.  The successor completes the Small Estate Affidavit, submit it to the probate court, and upon approval, the affidavit can be presented to anyone holding any property items owed to the decedent, in order to obtain possession of that property.

Small Estates Administration in Missouri generally only applies if the estate of the deceased person had less than $40,000 of net assets. Unlike Formal Probate (discussed below), there is no time limit on filing for a Small Estate, so if more than one year has passed since the decedent passed away, Small Estate Administration is still an option. However, keep in mind an attorney is generally required as most forms submitted to the court require the signature of an attorney. 

This process usually involves forms or affidavits such as: 

- Small Estate Affidavit

### **Refusal of Letters in Favor of Spouse/Minors & Dependents/Creditors**

Under the Refusal of Letters process, the usual probate administration for an estate is bypassed and no personal representative is chosen. This allows assets to pass on to a surviving spouse, children/other dependents, or creditors and can be a very quick and easy way to probate certain items. 

There are three types of Refusal of Letters probate and an attorney is generally required in all three instances below, as most forms submitted to the court require the signature of an attorney. 

1. **Refusal of Letters in Favor of Spouse:** Submitted by the spouse of the deceased person if the value of the assets owned solely by the deceased person is less than $24,000. 
   - [Application of Surviving Spouse for Refusal of Letters.pdf](https://www.courts.mo.gov/file.jsp?id=656 "‌")
2. **Refusal of Letters in Favor of Creditors:** Submitted by creditors of the estate, if it has not been more than one year since the deceased person’s death, the deceased was not married at the time of his/her death, and had no minor children. The Applicant must be able to prove they paid for bills associated with the estate (Ex. a funeral bill), and the combined value of the Deceased’s solely-owned asset must be less than $15,000.
   - [Application of Creditor for Refusal of Letters.pdf](https://www.courts.mo.gov/file.jsp?id=652 "‌")
3. **Refusal of Letters in Favor of Minors/Dependents:** Submitted by a guardian on behalf of a child of the deceased who is less than eighteen years old (“Minor”) and not married. Other common requirements of Refusal of Letters in Favor of Minors include the value of the deceased’s solely-owned asset(s) must be less than $8,000 per minor child, and the deceased’s minor child(ren) all have the same parent or legal guardian.
   - [Application of Unmarried Minor Children for Refusal of Letters.pdf](https://www.courts.mo.gov/file.jsp?id=655 "‌")

### **Determination of Heirship**

Determination of Heirship is generally used if more than one year has passed since the date of the decedent’s death. No personal representative is appointed under Determination of Heirship. Instead, an attorney will petition the probate court to formally and officially determine the rightful and legal heirs of the decedent and what assets need to go through probate. After a hearing, the judge decrees, all at once, who the heirs are and what exactly they will inherit.  

Forms most commonly associated with Determination of Heirship in Missouri include:

- Petition to Determine Heirship

### **Affidavit of Heirship** 

Affidavit of Heirship is generally used if more than one year has passed since the date of the decedent’s death. Affidavit of Heirship is used for real estate only, and the real estate must be titled in the name of the deceased individual. This process can only be used if no will has been admitted to probate within one year and no probate estate has been opened, commenced, or administered. All heirs must be located and named. This form of probating property works best when all heirs and their spouses are cooperative in the creation of the document. 

Forms most commonly associated with Affidavit of Heirship in Missouri include:

- Affidavit of Heirship

### **Formal Probate**

There are two types of Formal Probate in Missouri – Supervised Administration and Independent Administration. Both types of Formal Probate must occur within one year of the date of death and the value of assets in the estate is usually more than $40,000. Both Supervised and Independent Administration generally require an attorney, as most forms submitted to the court require the signature of an attorney. 

1. **Supervised Administration** includes more court oversight, with approval required for most actions taken by the personal representative. This makes the probate process take longer, but provides liability protection for the personal representative since a judge reviews and signs off on most decisions. 
2. **Independent Administration** includes less court oversight and can be used if the will does not prohibit independent administration, and if all heirs/devisees interested in the estate consent to independent administration. Independent Administration is sometimes a quicker option, compared to Supervised Administration, but more liability falls on the personal representative.

Some of the forms most commonly associated with Formal Probate in Missouri include:

- Application for Probate of Will 
- Application for Letters Testamentary OR Application for Letters of Administration
- Consent for Independent Administration 
- Renunciation of Right to Administer and Nomination of Person to Administer
- Waiver of Right to Service as Named Personal Representative
- Corporate Surety Bond OR Waiver of Bond 
- Inventory and Appraisement Form
- Statement of Account 
- Schedule of Proposed Distribution
- Notice of Filing Statement of Account and Proposed Schedule of Distribution 
- Proof of Mailing of Notice of Filing Statement of Account and Proposed Schedule of Distribution. 
- Notice of Filing of Final Settlement and Petition for Distribution 
- Petition for Approval of Final Settlement and Order of Distribution 
- Proof of Mailing of Copy of Notice of Filing of Final Settlement and Petition for Distribution

Montana

## **General Forms Information** 

In Montana, the local [District Court](https://courts.mt.gov/Courts/dcourt/ "‌") handles wills and estate matters. Unfortunately, Montana does not provide standardized probate forms to the public, so you can either craft your own based on statute requirements, use some of the samples provided below, or ask a lawyer to prepare them for you. 

### **Small Estate - Collection of Personal Property by Affidavit**

The Collection of Personal Property by Affidavit process in Montana is an estate settlement option for smaller estates that bypasses the court entirely and usually requires only one form. The successor completes the Affidavit for Collection of Personal Property of the Decedent, signs in front of a notary, then presents the affidavit to anyone holding any property items owed to the decedent, in order to obtain possession of that property.

The Collection of Personal Property by Affidavit process can generally be used if:

1. The gross value of the probate estate is less than $50,000
2. There is no real estate (or if there is, the real estate was owned as a joint tenancy)
3. At least 30 days have passed since the death of the decedent, **AND**
4. No petition has already been made to the court to officially appoint a personal representative

The Collection of Personal Property by Affidavit process usually involves forms or affidavits such as: 

- ​​Affidavit for Collection of Personal Property of the Decedent
- [Application for Title of Vehicle by Non Probate Transfer](https://dojmt.gov/wp-content/uploads/Application-for-Title-of-Vehicle-by-Non-Probate-Transfer.pdf "‌") \- If you are transferring a vehicle, file this form with the Motor Vehicle Department

### **Small Estate Summary Administration/Simplified Probate**

Small Estate Summary Administration (also known as simplified probate) can be used for somewhat larger estates, or if some court involvement is preferred for the purpose of more formalized enforcement and protection of the personal representative.

Though Small Estate Summary Administration does not allow probate to be bypassed completely (as with the affidavit process above), it is much more streamlined than full probate, saving both time and money.

Small Estate Summary Administration can generally be used if it appears the value of the entire estate, minus liens and encumbrances (i.e. debts), does not exceed the sum of:

1. The homestead allowance
2. Exempt property
3. The family allowance
4. Costs and expenses of probate administration
5. Reasonable funeral expenses, AND
6. Medical expenses of a last illness

Some of the forms most commonly associated with Summary Administration include:

- Application for Informal Probate and Appointment of Representative
- Waiver of Priority and Nomination of Personal Representative (if applicable)

- Statement of Informal Probate
- Letters of Authority
- Acceptance of Appointment
- Notice to Heirs and Devisees
- Inventory
- Deed of Distribution
- Account of Personal Representative (Accounting of Administration)
- Personal Representative’s Verified Closing Statement

### **Informal Probate**

Most Montana probates can be opened as Informal Probate proceedings. An Informal Probate can generally be used when there are no creditor problems to resolve, and you don''t expect any issues to arise between heirs, beneficiaries, etc. However, the proceeding can be converted to a formal proceeding if an issue does arise.

The Informal Probate process proceeds without direct court supervision but rather through the Clerk of Court. If the Clerk determines that all requirements of law have been met, they will appoint the personal representative who can then proceed to settle the estate. Informal Probate can be completed by filing all necessary documents with the probate court, without the probate judge having to step in to make any decisions, so it is generally much quicker and less expensive when compared to Formal Probate (discussed below).

Some of the forms most commonly associated with Informal Probate include:

- Application for Informal Probate and Appointment of Representative
- Waiver of Priority and Nomination of Personal Representative (if applicable)
- Order of Informal Appointment
- Surety Bond (if needed)
- Letters of Authority
- Acceptance of Appointment
- Notice to Heirs and Devisees
- Inventory
- Deed of Distribution
- Notice of Proposed Distribution in Kind 
- Account of Personal Representative (Accounting of Administration)
- Personal Representative’s Verified Closing Statement

### **Formal Probate**

Formal Probate is generally used when a contested will is at issue, when no will exists, when the validity of a will may be questioned, and/or when parties disagree about the appointment of a personal representative, or distribution of assets. 

With Formal Probate, proceedings are held before a district court judge after notice of the hearing is given to interested persons. These include heirs, devisees and any other persons or businesses having a property right in or claim against the estate.

Often, when an issue arises in an Informal Probate proceeding, the probate will move to a Formal Probate proceeding, allowing the court to intervene and provide guidance and instruction on the matter. Formal proceedings suspend all informal proceedings, including the actions of an informally appointed personal representative.

Some of the forms most commonly associated with Formal Probate include:

- Application for Formal Probate and Appointment of Representative
- Order Setting Time and Place of Hearing 
- Notice of Hearing
- Waiver of Priority and Nomination of Personal Representative (if applicable)
- Order of Formal Appointment
- Surety Bond (if needed)
- Letters of Authority
- Acceptance of Appointment
- Notice to Heirs and Devisees and Notice to Creditors
- Proof of Publication
- Inventory
- Deed of Distribution
- Notice of Proposed Distribution in Kind 
- Account of Personal Representative (Accounting of Administration)
- Personal Representative’s Verified Closing Statement

### **Supervised Administration**

Supervised administration provides for one continuous court proceeding where all steps of administration are taken formally. Since supervised administration requires court supervision of the entire administrative process, it is both costly and time consuming. 

Supervised Administration is generally only used when the will calls for its use, or an interested person desires assurance that all necessary steps are completed. In such cases, the courts will review the situation to determine if such proceedings are necessary.

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

## General Forms

In Oklahoma, the local [District Court](https://www.oscn.net/applications/oscn/start.asp?viewType=COURTS "‌") in each county handles wills and estate probate. For additional information about Probate Courts & Probate Clerks around Oklahoma, be sure to check out the Atticus [Probate Court & Clerk Directory](https://www.weareatticus.com/probate-court-directory "‌") on our website.

Check with the local probate court for the specific forms they may prefer, as Oklahoma does not provide state-wide forms, however below you will find some of the more common forms for navigating Oklahoma probate:

### Probate with a will

- [Petition for Probate of Will](https://www.oklahomacounty.org/Portals/12/Petition%20for%20Probate%20of%20Will%20%28PDF%29.pdf "‌") \- Get the probate process started
- [Letters Testamentary](https://www.oklahomacounty.org/Portals/12/Letters%20Testamentary%20%28PDF%29.pdf "‌")
- [Order Admitting Will to Probate](https://www.oklahomacounty.org/Portals/12/Order%20Admitting%20Will%20to%20Probate%20%28PDF%29.pdf "‌")
- [Order for Hearing Petition for Probate of Will](https://www.oklahomacounty.org/Portals/12/Order%20for%20Hearing%20Petition%20for%20Probate%20of%20Will%20%28PDF%29.pdf "‌")
- [Asset Inventory](https://app.weareatticus.com/reports "‌") \- Consider using Atticus Inventory Report
- [Final Estate Accounting](https://app.weareatticus.com/reports "‌") \- Consider using Atticus Accounting Report

### Probate without a will

- [Letters of Administration](https://www.oklahomacounty.org/Portals/12/Letters%20Of%20Administration%20%28PDF%29.pdf "‌")
- [Order Appointing Administrator](https://www.oklahomacounty.org/Portals/12/Order%20Appointing%20Administrator%20%28PDF%29.pdf "‌")
- [Petition for Letters of Administration](https://www.oklahomacounty.org/Portals/12/Petition%20for%20Letters%20of%20Administration%20%28PDF%29.pdf "‌") \- Get the probate process started if there is no will
- [Proof of Death and Heirship](https://clevelandcountyok.com/documentcenter/view/971 "‌") \- Informs the court about heirs if there is no will
- [Asset Inventory](https://app.weareatticus.com/reports "‌") \- Consider using Atticus Inventory Report
- [Final Estate Accounting](https://app.weareatticus.com/reports "‌") \- Consider using Atticus Accounting Report

While some courts make forms available through their Probate Department or Law Library, you may also need to create your own, or have a local Trust & Estate attorney do it for you.

Be sure to also check out our general [Guide to Oklahoma Probate](https://www.weareatticus.com/probate-guide/oklahoma).

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

## **General Forms Information** 

In South Dakota, the Clerk of Court at the [local Circuit Court](https://ujs.sd.gov/Circuit_Court/Default.aspx "‌") handles wills and estate probate. There are 7 Circuit courts representing South Dakota’s 66 counties. 

In most cases, South Dakota does not provide nor require standardized probate forms. You can either craft your own based on statute requirements, or ask a lawyer to prepare them for you (which is the method recommended by many of the clerks of courts). Some forms may be available at the county level, so be sure to check with your local Circuit Court first.

### **Small Estates**

The Small Estate Administration process in South Dakota is an estate settlement option for smaller estates that bypasses the court entirely and usually requires only one form. The successor completes the Small Estate Affidavit, signs in front of a notary, then presents the affidavit to anyone holding any property items owed to the decedent, in order to obtain possession of that property.

The Small Estate Affidavit process can generally be used if:

1. The probate estate has a gross value of less than $100,000
2. The estate does not include real property owned solely by the decedent
3. The estate does not owe the Department of Social Services for medical assistance for nursing home or other medical institutional care
4. At least 30 days have passed since the death of the decedent, AND
5. No petition has already been made to the court to officially appoint a personal representative

If an estate qualifies for Small Estate administration, you would use the approved Small Estate Affidavit to obtain possession of estate assets by simply presenting the affidavit to the current property holder. 

The Small Estate process usually involves forms or affidavits such as: 

- Small Estate Affidavit  (include a copy of the death certificate and the will, if any)

### **Informal Probate**

Informal Probate is an alternative to formal probate and can generally be used for any size estate and is an option whether there is or isn’t a will. Most probate proceedings in South Dakota are informal. 

Informal Probate can usually be used when:

- There are no creditor problems to resolve
- You don''t expect any issues to arise between heirs, beneficiaries, etc.
- At least 30 days must have passed since the decedent’s date of death, but no more than 3 years.

To pursue Informal Probate, submit an Application for Informal Probate to the local Circuit Court. Once approved, the court will appoint the personal representative and issue Letters of Testamentary or Letters of Administration. These "Letters" will be used by the personal representative to collect estate assets, and then settle the estate by paying debts, making distributions, etc.

At least 4 months after your appointment (i.e. after the time period for new creditor claims has expired), the personal representative prepares a Final Accounting and a Closing Statement. A copy of these is sent to all people who were entitled to inherit from the estate, and to any unpaid creditors, and then submits to the court. If nothing is pending in the court one year after the closing statement is filed, the personal representative’s appointment terminates and the estate is closed.

Some of the forms most commonly associated with Informal Probate in South Dakota include:

- Application for Informal Probate
- Inventory and Appraisement
- Final Accounting
- Closing Statement
- Notice of Closing Statement and Final Accounting

### **Formal Probate**

There are two types of Formal Probate in South Dakota – Supervised Formal Probate and Unsupervised Formal Probate.

1. **Supervised Formal Probate** includes court oversight of the entire probate process.This type of probate is used when there is a dispute involving the estate, including the validity of the will, or when the estate is complex or contentious.
2. **Unsupervised Formal Probate** still includes court proceedings, as a judge must approve certain actions taken by the Personal Representative. However, unlike supervised formal probate, the personal representative does not need to seek court approval for every action taken during the administration process. Unsupervised Formal Probate is a middle ground between Supervised Formal Probate and Informal Probate (discussed previously), allowing for some court oversight while still providing the personal representative with some control over the estate administration process.

Some of the forms most commonly associated with Formal Probate in South Dakota include:

- Petition for Formal Probate and Appointment of Personal Representative
- Oath and Acceptance of Personal Representative
- Notice of Hearing/Notice to Creditors
- Inventory and Appraisement
- Final Accounting
- Closing Statement
- Notice of Closing Statement and Final Accounting

Tennessee

Texas

## **General Forms Information**

In Texas, probate is handled in Texas Probate Courts. There are 18 probate courts serving the state’s 254 counties. You can learn more about the Texas court system on the [Texas Courts website](https://www.txcourts.gov/about-texas-courts/ "‌").

The state of Texas generally requires the use of an attorney for probate proceedings. Therefore, state-provided forms are not currently made available to the public. A local trust & estates attorney can assist with the drafting of any necessary forms and the submission of them to the courts on behalf of the estate. 

### **Small Estate Affidavit**

Small Estates in Texas may be eligible for the Small Estate Affidavit process, allowing a person to settle an estate with almost no court involvement. Unlike most probate processes in Texas, the Small Estate Affidavit process does not generally require an attorney and usually needs only one form.

Once the completed affidavit is submitted to and approved by the court, it can be used to obtain possession of estate assets simply by presenting the affidavit to current custodians of the property.

In most cases, Small Estate probate only applies if:

- The decedent died intestate (without a will)
- The value of the estate does not exceed $75,000 (excluding the homestead property, exempt personal property, and nonprobate assets), AND 
- The amount of debt for the estate is not greater than the estate assets.

This process usually involves forms or affidavits such as: 

- [Small Estate Affidavit](https://d9.texaslawhelp.org/sites/default/files/sm-estate-affidavit_form.pdf "‌")

### **Muniment of Title**  

Under Muniment of Title, the real property of a decedent can usually be transferred without the necessity of a formal probate proceeding. The judge’s order in a muniment proceeding serves as the authority to transfer title to the intended beneficiaries.

Muniment of Title typically only applies:

- To real property (not personal property) 
- If the decedent has passed away with a valid last will and testament
- When all known debts of the decedent have been paid (excluding those secured by real estate), AND 
- If Medicaid has no claim against the estate for recovery of benefits received by the deceased person.

The state of Texas generally requires the use of an attorney when filing for Muniment of Title during probate. Therefore, state provided forms are not available to the public. A local trust & estates attorney can assist with the drafting of any necessary forms and the submission of them to the courts on behalf of the estate. 

This process usually involves forms or affidavits such as: 

- Application for Probate of Will as Muniment of Title

### **Affidavit of Heirship**

Affidavit of Heirship in Texas does not generally require an attorney and usually needs only one form that must be submitted and approved by the court. In most cases, an Affidavit of Heirship probate only applies if:

- The decedent died without a Will, without any outstanding debts at the time of death, and the only probate asset is real estate in Texas, OR 
- The will was not probated within four years of the decedent''s death. 

This process usually involves forms or affidavits such as: 

- [Affidavit of Heirship](https://www.comptroller.texas.gov/forms/53-111-a.pdf "‌")

### **Formal Probate**

There are two types of Formal Probate in Texas \– Dependent Administration and Independent Administration.

1. **Dependent Administration** requires more court oversight, is generally more expensive, and is best used when there is conflict among heirs, creditor issues, an/or bond is required due to the size of the estate.
2. **Independent Administration** is the most common type of probate administration in Texas. Compared to dependent administration, this process is much less expensive because the administrator does not need to go to court as often, and does not usually have to post a bond. Independent administration can be either requested in the will, or arise by consent of all heirs or beneficiaries. 

The state of Texas generally requires the use of an attorney for formal probate. Therefore, state provided forms are not available to the public. A local trust & estates attorney can assist with the drafting of any necessary forms and the submission of them to the courts on behalf of the estate. 

Some of the forms most commonly associated with Formal Probate in Texas include:

- Application for Probate of Will and Issuance of Letters Testamentary OR Application for Letters of Administration
- Proof of Death and Other Facts
- Bond OR Waiver of Bond form 
- Oath of Executor/Administrator
- Certified Letters to Heirs/Beneficiaries
- Affidavit of Notice
- Notice to Creditors
- Receipt and Waiver Notice
- Consent to Independent Administration
- Publisher’s Affidavit
- Inventory,  Appraisement, List of Claims OR Affidavit In Lieu of Inventory
- Application for Sale of Personal Property
- Application to Dispose of Personal Effects
- Application for Family Allowance
- Application to Set Aside Exempt Property
- Application for Reimbursement 
- Application to Pay Attorney’s Fees
- Account for Final Settlement
- Application to Close Estate and to Discharge Personal Representative

### **Other Useful Forms for Texas**

[Affidavit of Heirship for a Motor Vehicle](https://www.txdmv.gov/sites/default/files/form_files/VTR-262.pdf "‌") \- use to claim ownership of a motor vehicle (file with the local DMV Office)

Utah

Vermont

Virginia

Washington

West Virginia

## **General Forms Information**

In West Virginia, the [local County Courts](https://www.wv.gov/local/Pages/default.aspx "‌") handle wills and estate probate. 

In most cases, West Virginia does not provide state level standardized probate forms. You can either craft your own based on statute requirements, or ask a lawyer to prepare them for you. Some forms may be available at the county level, so be sure to check with your local court first.

[Kanawha County](https://kanawha.us/fiduciary-probate/ "‌") and [Monongalia County](https://www.monongaliacountyclerk.com/index.php/fiduciary-probate "‌") offer good resources, including standard forms and examples, that may be able to be adapted to meet the needs of your specific county. 

### **Small Estates**

The Small Estate Administration process in West Virginia is an estate settlement option for smaller estates that does not involve a court proceeding and usually requires only one form. The successor completes the Small Estate Affidavit and submits it to the County Clerk’s office, along with the original will (if there is one) and a copy of the death certificate. 

Upon approval of the affidavit by the County Clerk, the successor will receive a Certificate of Authorization, which can be presented to the person or institution holding the property to be collected by the successor — for example, a bank where the deceased person had an account. After that, the person or institution releases the asset.

Small Estate Administration can be used when:

1. The probate personal property value does not exceed $50,000, and/or probate real property does not exceed $100,000
2. If there is a will the Successor must wait 30 days to begin the process
3. If there is no will the Successor must wait 60 days to begin the process

Since property that passes outside of probate is not counted in the probate estate, often even relatively large estates might qualify for the small estate affidavit if the deceased person made plans to avoid probate.

The Small Estate Administration process usually involves forms or affidavits such as: 

- Small Estate Affidavit Form

Other forms that may be applicable:

- [DMV Legal Heir Affidavit](https://transportation.wv.gov/DMV/DMVFormSearch/DMV-185-TR_Legal-Heir-Affidavit-wf.pdf "‌") \- if there is no will, and no administrator has been appointed, submit this form to the DMV to transfer a vehicle registration

### **Full Probate/Formal Probate**

In West Virginia, all estates that do not qualify for Small Estate Administration (described above), must go through Full Probate. 

To probate an estate in West Virginia, most county clerk’s require an in person visit to the local probate court in order to be appointed as personal representative of a decedent’s estate. This generally requires the death certificate, original will (if there was one), information for all beneficiaries/heirs, and the approximate value of all property held solely in the descendants name. You may also need to be bonded, a process which the county clerk can provide more information on, if required.

The Personal  Representative is then responsible for the Appraisement of the Estate (listing all of the person’s probate property and its value), and completing the Non-Probate Inventory (listing of all of the nonprobate property and its value). Once the Appraisement booklet is filed, the county clerk publishes a Notice of Administration of the Estate and the decedent’s creditors have 60 days to file a claim against the estate.

If the estate has more than one beneficiary and/or the probate assets of the Appraisement of the Estate are over $200,000, a fiduciary commissioner may be assigned to the estate to supervise, examine, and report on certain probate matters, subject to the review of the county.

Once all of the estate debts and taxes are paid, then the personal representative can finish the probate process. This can be done by filing either a Final Accounting/Final Settlement or Waiver of Final Settlement, which once complete will go to the County Commission at their next quarterly meeting where they will look it over for final approval. If approved, the fiduciary commissioner or fiduciary supervisor will sign off on the Final Settlement or Waiver of Final Settlement and issue an order closing the estate. 

Some of the forms most commonly associated with Full Probate in West Virginia include:

- Application of Fiduciaries/Oath of Executor(s) Form
- Order Appointing Personal Representative
- Letters Testamentary/Letters of Administration
- Appraisement of the Estate
- Non-probate Inventory
- Notice of Administration of the Estate (Notice to Creditors)
- Claim Against Estate
- Final Accounting/Final Settlement OR Waiver of Final Settlement
- Annual Accountings (if estate open for more than a year)

Wisconsin

Wyoming

## **General Forms Information** 

In Wyoming the [county District Court](https://www.courts.state.wy.us/district-courts/district-court-locations/ "‌") handles wills and estate matters. Wyoming does not normally provide or require standardized probate forms, so you can create your own based on statute requirements, or ask a lawyer to prepare any necessary submissions. Some forms may be available at the county level, so be sure to check with your local District Court first.

### **Affidavit for Distribution (Small Estate Affidavit)** 

The Small Estate process in Wyoming is an estate settlement option for smaller estates that bypasses the court almost entirely and usually requires only one form. The personal representative completes the Affidavit for Distribution (more generally called the Small Estate Affidavit), and submits (along with a copy of the death certificate and the will if one exists) to the county clerk to get it certified. Once certified, you can obtain possession of estate assets by presenting the affidavit to current custodians.

The Affidavit for Distribution process can generally be used if:

- The probate estate has a gross value of less than $200,000
- At least 30 days have passed since the death
- No petition has already been made to a court in WY to officially appoint a personal representative
- No real estate is involved in the probate estate

The Small Estate Affidavit process usually involves forms or affidavits such as: 

- Small WY Estate Affidavit Form 

### **Summary Administration**

Summary Administration (also known as Simplified Probate or Application for Decree of Distribution) can also be used for small estates. Summary Administration does involve the court, but the process is much more streamlined than formal probate (discussed below). This saves both time and money for the estate.

Summary Administration is often used when you cannot use a small estate affidavit because the estate contains real property, or if you simply want more court involvement so that enforcement and protection are a bit more formalized.

Summary Administration can generally be used if:

- The entire probate estate has a gross value of less than $200K
- At least 30 days have passed since the death
- No petition has already been made to a court in WY to officially appoint a personal representative

Some of the forms most commonly associated with Summary Administration include:

- Official Real Estate Appraisal (including mineral interests)
- Application for Summary Administration
- Notice of Application for Summary Administration (by newspaper publication and by mail to all known creditors and heirs/devisees)
- Affidavit of Publication (generally provided by the newspaper as documentation that the notice was published).
- Decree of Distribution (issued by the court, establishing right and title to the property. This decree will be used to collect estate assets from the current property holders.

### **Formal Probate**

Formal Probate matters typically include one or more court hearings and are generally more time intensive and more expensive than the other options mentioned above. You might need to file a Formal Probate if:

- The estate does not qualify for affidavit or summary administration (for example, if the probate estate is valued at more than $200,000)
- There are disagreements among relevant parties (including heirs, devisees, and or creditors).

Some of the forms most commonly associated with Formal Probate include:

- Petition for Probate 
- Notice of Petition for Probate (to devisees noted in the will/heirs)
- Oath of Personal Representative
- Letters Testamentary or Letters of Administration
- Bond (if needed)
- Inventory and Appraisal
- Notice to Creditors and Heirs
- Final Accounting
- Order Approving the Final Report 
- Receipt of Distribution
- Petition for Final Discharge (including Receipt of Distribution forms signed by the devisees/heirs)
- Order of Final Discharge

Puerto Rico

Canada

Ontario

Français

Newfoundland and Labrador

Terre-Neuve-et-Labrador

Prince Edward Island

Ile-du-Prince-Edouard

Nova Scotia

Nouvell-Ecosse

New Brunswick

Nouveau-Brunswick

Quebec

Manitoba

Saskatchewan

Alberta

British Columbia

Colombie-Britannique

Nunavut

Northwest Territories

Territoires du Nord-Ouest

Yukon

Probate

Form 1. [Caption] DEMAND FOR NOTICE OF PROCEEDINGS FOR PROBATE OF WILL OR APPOINTMENT OF PERSONAL REPRESENTATIVE The undersigned, ______________, respectfully demands notice of any proceeding to probate a will of ______________, deceased, who resided at ____________, Arkansas, or for the appointment of a personal representative to administer [his] [her] estate. My address is __________________________________________. My interest in the estate is that of __________________________. My attorney, authorized to represent me in this proceeding, and to accept notice for me, is _________________, whose address is ______________. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 1: See Ark. Code Ann. § 28-40- 108(a). Note (2019): The form was revised to provide for contact information.

Form 1: Demand for Notice of Proceedings for Probate of Will or Appointment of Personal Representative

Form 10. [Caption] LETTERS OF ADMINISTRATION ___________, whose address is ________, having been appointed and qualified as [administrator] [administratrix] of the estate of ____________, deceased, who died on or about [date], is hereby authorized to act as [administrator] [administratrix] for and in behalf of the estate and to take possession of the estate's property as authorized by law. Issued this date: ________, ____. _________________________, Clerk. By: _______________, Deputy Clerk. (Seal) Reporter's Notes to Form 10: See Ark. Code Ann. § 28-48- 102. This form shall used if the personal representative was not nominated in the decedent's will. Appropriate modifications should be made to this form for letters of administration with will annexed, administration in succession, and special administration.

Form 10: Letters of Administration

Form 11. [Caption] LETTERS TESTAMENTARY ___________, whose address is ________, having been appointed and qualified as [executor] [executrix] of the will of ___________, deceased, who died on or about [date], is hereby authorized to act as [executor] [executrix] for and in behalf of the estate and to take possession of the estate's property as authorized by law. Issued this date: ________, ____. _________________________, Clerk. By: _______________, Deputy Clerk. (Seal) Reporter's Notes to Form 11: See Ark. Code Ann. § 28-48- 102. This form shall used if the personal representative was nominated in the decedent's will.

Form 11: Letters Testamentary

Form 12. [Caption] NOTICE OF APPOINTMENT AS [ADMINISTRATOR] [ADMINISTRATRIX] Last known address: _______________ Date of Death: ______________, _____ The undersigned was appointed [administrator] [administratrix] of the estate of _______________, deceased, on [date]. All persons having claims against the estate must exhibit them, duly verified, to the undersigned within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. This notice first published on [date]. Date: _________, ___. _________________________________ [Signature] [Administrator] [Administratrix] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 12: See Ark. Code Ann. § 28-40- 111. This form shall be used if no will was admitted to probate. Addition to Reporter's Notes, 2013 Amendment: Official probate form 12 was revised to conform with substantive law changes. Note (2019): The form was revised to provide for contact information.

Form 12: Notice of Appointment as [Administrator] [Administratrix]

Form 13. [Caption] NOTICE OF APPOINTMENT AS [EXECUTOR] [EXECUTRIX] (OR [ADMINISTRATOR] [ADMINISTRATRIX] WITH WILL ANNEXED) Last known address: _______________ Date of Death: ______________, _____ An instrument dated _________, ____ was admitted to probate on [date] as the last will of ______________, deceased, and the undersigned has been appointed [executor] [executrix] (or [administrator] [administratrix]) thereunder. Contest of the probate of the will can be effected only by filing a petition within the time provided by law. All persons having claims against the estate must exhibit them, duly verified, to the undersigned within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. This notice first published on [date]. Date: _________, ___. _________________________________ [Signature] [Executor][Executrix] [Administrator][Administratrix] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 13: See Ark. Code Ann. § 28-40- 111. This form shall be used if a will was admitted to probate and a personal representative was appointed. The language in parentheses in the first paragraph should be substituted for the language immediately preceding it if the personal representative was not nominated in the decedent's will. The form to be used when a will is probated but no personal representative appointed may be found in Ark. Code Ann. § 25-40-111(c)(3). Because such proceedings are infrequent, no official form was adopted. Addition to Reporter's Notes, 2013 Amendment: Official probate form 13 was revised to conform with substantive law changes. Note (2019): The form was revised to provide for contact information.

Form 13: Notice of Appointment as [Executor] [Executrix] (Or [Administrator] [Administratrix] with Will Annexed)

Form 14. [Caption] NOTICE TO SURVIVING SPOUSE The will of _____________, deceased, dated ________, ____, was admitted to probate by this court on [date]. Any right which you may have to take against the will must be exercised by written election filed in this court within one month after the expiration of the time limited for the filing of claims against the estate; except, however, that in the particular circumstances set forth in Ark. Code Ann. § 28-39-403, you may be entitled to make such election at a later date. Dated: __________, ____. __________________________, Clerk. By: ________________, Deputy Clerk. (Seal) Reporter's Notes to Form 14: See Ark. Code Ann. § 28-39- 402. This notice must be mailed by the clerk to the surviving spouse of the decedent within one month after a will has been admitted to probate.

Form 14: Notice to Surviving Spouse

Form 15. [Caption] REQUEST FOR SPECIAL NOTICE OF HEARING The undersigned, ___________, respectfully requests written notice by ordinary mail of the time and place of all hearings on the settlement of accounts, on final distribution, and on any other matters for which any notice is required by law, by rule of court, or by an order in this case. My address is __________________________________. My interest in the estate is that of __________________. My attorney, authorized to represent me in this proceeding, and to accept notice for me, is ________, whose address is ____________. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] PROOF OF SERVICE 1. (To be used if acknowledged by personal representative or his attorney) The undersigned acknowledges receipt of this notice on [date]. _______________________________ [Personal Representative] By: ____________________________ [Attorney] (To be used when not so acknowledged) The undersigned duly served this notice on ____________, the personal representative of this estate, on [date] in the following manner: [Insert the method of service as specified in Ark. Code Ann. § 28-1-112.] [Affidavit] Reporter's Notes to Form 15: See Ark. Code Ann. § 28-40- 108(b). This form is to be used only after a personal representative has been appointed and must be prepared in duplicate, with one copy served on the personal representative. An affidavit is required only if Paragraph 2 is used and must be sworn to unless signed by an officer authorized by law to serve civil process, or signed by the clerk or by an attorney of this state. See Ark. Code Ann. § 28-1-112(f). Note (2019): The form was revised to provide for contact information.

Form 15: Request for Special Notice of Hearing

Form 16. [Caption] PETITION FOR AWARD OF STATUTORY ALLOWANCES The decedent, __________, is survived by the persons named below who constitute the surviving spouse, if any, and all of the decedent's minor children, if any. Name of surviving spouse: ____________________. Children: Name of Child Sex Age Name of Guardian _______________________ ____ ____ _____________________ _______________________ ____ ____ _____________________ The surviving spouse, who was living with the decedent at the time of the decedent's death, is entitled to the award of the following items of household furniture, furnishings, appliances, implements and equipment which are reasonably necessary for the use and occupancy of the family dwelling by the surviving spouse and minor children, if any: HOUSEHOLD FURNITURE AND EQUIPMENT [Itemizing is required only to the extent necessary to distinguish the selected items from other household furniture and equipment, if any, of the decedent's estate.] Among the items of personal property of the estate of the decedent are those described below, which the undersigned surviving spouse of the decedent (or the undersigned guardian of the decedent's minor children) have selected to be assigned to and vested in the surviving spouse and minor children of the decedent as provided by law. Each item of property has the value stated opposite its description. ITEMIZED DESCRIPTION OF PROPERTY Description Value __________________________ $ ________ __________________________ $ ________ __________________________ $ ________ The surviving spouse and minor children of the decedent are entitled to be awarded sustenance for a period of two months after the death of the decedent as follows: THEREFORE, petitioner requests that this court enter an order assigning to and vesting in the surviving spouse and minor children of the decedent the personal property described above, to which they are respectively entitled under the provisions of Ark. Code Ann. §§ 28-39-101 through 28-39-104. Date: _________, ___. ______________________________ [Capacity of Petitioner] _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 16 as Amended in 2013 to Conform with Substantive Law Changes: See Ark. Code Ann. §§ 28- 39-101 - 28-39-104 (Repl 2012). The total value under "Itemized Description of Property" is limited to $2,000 as against creditors and $4,000 as against distributees. If minor children are not the children of the surviving spouse, the petition should be revised to reflect that the allowance vests in the surviving spouse to the extent of one-half thereof, and the remainder vests in the decedent's minor children in equal shares. Award for sustenance for period of two months after death of decedent shall be a reasonable amount, not to exceed $1,000 in the aggregate. Ark. Code Ann. § 28-39-101(c). Beneath the signature line, the capacity of the petitioner should be identified (e.g., as the personal representative, the surviving spouse, or the guardian of minor children). If the petitioner is the guardian of minor children, the language in parentheses should be substituted for the language immediately preceding it. Note (2019): The form was revised to provide for contact information.

Form 16: Petition for Award of Statutory Allowances

Form 17. [Caption] INVENTORY OF DECEDENT'S ESTATE The undersigned, ___________ of the estate of ___________, deceased, states on oath that to the best of my knowledge and belief, the following is a complete and accurate inventory of all property owned by the decedent, and its fair market value, at the time of the decedent's death. REAL ESTATE Legal DescriptionEncumbrances, Liens, etc., and Net Value Respective Amounts Thereof Homestead: ____________ _________________________ $ ______ Other real estate: ____________ __________________________ $ ______ Total Value of Real Estate: $ ________ PERSONAL PROPERTY Household Goods and Personal Effects [This list should include, but not be limited to, furniture, household and yard equipment, clothing, jewelry, etc.] Legal DescriptionEncumbrances, Liens, etc., and Net Value Respective Amounts Thereof ____________ _________________________ $ ______ ____________ __________________________ $ ______ Other Tangible Personal Property [This list should include, but not be limited to, automobiles and other motor vehicles, farm equipment, livestock, agricultural products, stocks of merchandise, any going business enterprise or interest therein, etc.] DescriptionEncumbrances, Liens, etc., and Net Value Respective Amounts Thereof ____________ _________________________ $ ______ ____________ __________________________ $ ______ Intangible Personal Property [List separately in detail: cash on hand; money on deposit, stating names and addresses of depositories; bonds, stating names of issuers, interest rates, classes, maturity dates, serial numbers, face amounts, and dates to which interest is paid; corporate stocks, stating certificate numbers, names of issuers, classes, and number of shares; notes receivable, stating the names and addresses of makers, dates, amounts, interest rates, and dates to which interest paid, balances due, maturities, and security, if any; accounts receivable, stating names of debtors, dates of last items and balances due; and other intangibles, describing in detail.] DescriptionEncumbrances, Liens, etc., and Net Value Respective Amounts Thereof ____________ _______________________________ $ ________ ____________ _______________________________ $ ________ Total Value of Personal Property: $ ________ SUMMARY Total real property: $ ________ Total personal property: $ ________ Total estate: $ ________ The undersigned was not indebted or obligated to the decedent at the time of the decedent's death except as stated herein. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporters Notes to Form 17: See Ark. Code Ann. § 28-49- 110.This form should be filed by the personal representative within two months after qualification, unless the requirement is waived pursuant to Ark. Code Ann. § 28-49-110(c)(1). Inventory should not include any property owned jointly with right of survivorship by the decedent and a third party, or any insurance proceeds or other benefits payable by beneficiary designation, unless such benefits are payable to the decedent's estate. An affidavit is required by Ark. Code Ann. § 28-49-110(a) (2). Note (2019): The form was revised to provide for contact information.

Form 17: Inventory of Decedent's Estate

Form 18. [Caption] AFFIDAVIT TO CLAIM AGAINST ESTATE I, ____________, do swear that the attached claim against the estate of ____________, deceased, is correct, that nothing has been paid or delivered toward the satisfaction of the claim except as noted, that there are no offsets to this claim, to the knowledge of this affiant, except as therein stated, and that the sum of ________ Dollars ($ ________) is now justly due (or will or may become due as stated). I further state that if this claim is based upon a written instrument, a true and complete copy, including all endorsements, is attached. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Note to Form 18: See Ark. Code Ann. §§ 28-50- 103 - 28-50-104. If this affidavit is made by a corporation, organization, or anyone other than an individual in his or her own behalf, the representative capacity of the affiant must be clearly stated in the first line in the form and below the signature line. An affidavit is required by Ark. Code Ann. § 28-50-103(a). Note (2019): The form was revised to provide for contact information.

Form 18: Affidavit to Claim Against Estate

Form 19. [Caption] APPRAISAL The undersigned, ________, ________ and ________, having been appointed to appraise the property described below, represented to us by ________ as ________ to be property of the captioned estate, do appraise the value of each item as: REAL ESTATE Legal Description of Property andValue Interest Therein Owned by the Estate _________________________________ $ _______ _________________________________$ _______ Total Value: $ ________ Each of the undersigned states on oath that [he] [she] is not interested in the estate, the property appraised, or the sale of any of this property; that [he] [she] believes [himself] [herself] to be well informed concerning the value of the property appraised; and that the foregoing appraisal is on the basis of the full and fair value of the property. Date: _________, ___. _________________________________ [Signature] [Appraiser] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Note to Form 19: See Ark. Code Ann. § 28-51- 302. This form is to be used by personal representatives and guardians of estates when real estate of the decedent or ward is to be sold, and in sales of personal property when an appraisal is required by the court. The court may approve the appointment of one appraiser instead of the three contemplated by the form to appraise real property, unless an heir or beneficiary of the estate objects. By statute, the appraisers must certify the appraisal under oath. Ark. Code Ann. § 28-51-302(b). Note (2019): The form was revised to provide for contact information.

Form 19: Appraisal

Form 2. [Caption] PETITION FOR APPOINTMENT OF [ADMINISTRATOR] [ADMINISTRATRIX] _______________, whose address is ____________, and whose interest in the decedent's estate is that of ____________, petitions that letters of administration of the estate be issued. The facts known to petitioner are: 1. The decedent, ___________, aged ___, who resided at ___________ in ____________ County, Arkansas, died intestate at ____________ on or about [date]. 2. The surviving spouse and heirs of the decedent, and their respective ages, relationships to the decedent, and residence addresses, are: Name Age Relationship Residence Address ________________ ____ ______________ _________________ ________________ ____ ______________ _________________ ________________ ____ ______________ _________________ 3. The probable value of the decedent's estate is: Real property $ ________ Personal property $ ________ 4. Petitioner nominates ____________, whose residence address is _______________, for appointment as [administrator] [administratrix] of the estate. The relationship, if any, of the nominee to the decedent, and other facts, if any, which entitle the nominee to appointment are: ____________. THEREFORE, petitioner requests that this court make an order determining the fact of the death and of the intestacy of the decedent, and appointing petitioner's nominee [administrator] [administratrix] of the estate. Date: _________, ___. _________________________________ [Signature] [Petitioner] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 2: See Ark. Code Ann. § 28-40- 107. The term "heir" is defined by statute as "a person entitled by the law of descent and distribution to the real and personal property of an intestate decedent, but does not include a surviving spouse." Ark. Code Ann. § 28-1-102(a)(10). Note (2019): The form was revised to provide for contact information.

Form 2: Petition for Appointment of [Administrator] [Adminstratrix]

Form 20. [Caption] ACCOUNTING BY PERSONAL REPRESENTATIVE _______________ respectfully submits to the court [his] [her] account as ____________ of this estate for the period beginning on [date] and ending on [date]. This account is submitted because [insert the occasion for filing of account as set forth in Ark. Code Ann. § 28-52- 103(a)]. 1. Charges to accountant: [If this is the first account, the first item should be the value of the estate as reflected by the inventory. If a subsequent account, the first item should be the balance shown by the previous account. Thereafter list separately, described in detail: (a) additional property received by accountant; (b) all income; and (c) gains from the sale, conveyance or other disposition of any property received by the accountant during the accounting period. Show the date of each transaction.] Total Charges to Accountant: $ ________ 2. Credits, other than payments to distributees, to which accountant is entitled: [List separately (a) all disbursements, other than payments to distributees, and (b) all losses sustained on sales, conveyances or other dispositions of any property, describing each item in full. Show the date of each transaction.] Total: $ ________ 3. Credits for money paid or assets delivered to distributees: [Itemize each disbursement of cash and describe in detail other assets delivered, showing opposite each asset the amount at which its value was estimated in the inventory or, if purchased by the accountant, its cost. Show the date of each transaction.] Total: $ ________ SUMMARY OF ACCOUNT Charges to accountant: $ ________ Credits as per paragraph 2:$ ________ Credits as per paragraph 3: $ ________ Total Credits: $ ________ Balance remaining in hands of accountant: $ ________ 4. Description of balance remaining in hands of accountant: [List separately and describe in detail each item of property remaining in the accountant's hands, showing the inventory value or cost of each.] 5. Changes in form of assets not affecting balance: [List separately and describe in detail all changes in the form of assets resulting from collections or sales at inventory or cost value and other such transactions. Show the date of each transaction.] 6. All outstanding liabilities of the estate of which accountant has knowledge are: Total Liabilities: $ ________ Vouchers evidencing cash disbursements and receipts evidencing other assets delivered for which accountant has taken credit are attached to this account. THEREFORE, having fully accounted for the administration of this estate for the period set out above, accountant requests that, after proper advertisement and notice, if any, required by law or by the court, this account be examined, approved, and confirmed by the court, and that accountant be allowed the sum of $ ________ as [his] [her] fee for services rendered during the period covered by this account. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 20: See Ark. Code Ann. §§ 28-52- 103 - 28-52-104. In the case of a final account, a request for an order of final distribution should be added, pursuant to Ark. Code Ann. § 28-52-105(b). This form should be filed by the personal representative unless the requirement is waived pursuant to Ark. Code Ann. § 28-52-104(c). Verification of the account is required by Ark. Code Ann. § 28-52-103(a). Form 31 is to be used for an accounting by a guardian. NOTE: Form revised to conform to current statutory language raising small estate from $50,000 to $100,000 per the direction of the Arkansas Supreme Court Committee on Civil Practice [5-11-07]. Note (2019): The form was revised to provide for contact information.

Form 20: Accounting by Personal Representative

Form 21. [Caption] NOTICE OF FILING OF ACCOUNTS Pursuant to Ark. Code Ann. § 28-52-106, notice is given that accounts of the administration of the estates listed below have been filed on the dates shown by the named personal representatives. All interested persons are called on to file objections to such accounts on or before the sixtieth day following the filing of the respective accounts, failing which they will be barred forever from excepting to the account. Name of Estate Name and Address of Nature of Account Date Personal RepresentativeFiled ___________ _______________ _______________ ______ ___________ _______________ _______________ ______ ___________ _______________ _______________ ______ Date: ________, ____. __________________________, Clerk. By: ________________, Deputy Clerk. (Seal) Reporter's Note to Form 21: By statute, the clerk must publish, in a newspaper published or having a general circulation in the county, a notice of estates in which accounts have been filed by personal representatives during the preceding month, listing in alphabetical order the names of the estates. Ark. Code Ann. § 28-52-106.

Form 21: Notice of Filing of Accounts

Form 22. [Caption] CITATION FOR FAILURE TO PRESENT ACCOUNT To _____________, the personal representative of this estate: Being delinquent in the filing of your account of your administration of this estate, you are required to file that account within thirty (30) days after the date of service of this citation and to show cause why an attachment should not be issued against you for your failure to present your account according to law. Date: __________, ____. ___________________________, Clerk. By: ________________, Deputy Clerk. (Seal) Reporter's Notes to Form 22: See Ark. Code Ann. § 28-52- 103(c).

Form 22: Citation for Failure to Present Account

Form 23. [Caption] AFFIDAVIT FOR COLLECTION OF SMALL ESTATE BY DISTRIBUTEE ________, ________ and ________, for the purpose of dispensing with administration of this estate, deceased, state on oath: 1. The decedent ___________, aged ___, who resided at ________ in __________ County, Arkansas, died at ________ on or about [date]. No petition for the appointment of a personal representative for the decedent's estate is pending or has been granted. 2. More than forty-five (45) days have elapsed since decedent's death. 3. The value, less encumbrances, of all property owned by the decedent at the time of death, excluding the homestead of and statutory allowances for the benefit of the surviving spouse or minor children, if any, of the decedent, does not exceed one hundred thousand dollars ($100,000). 4. There are no unpaid claims or demands against the decedent or the decedent's estate, and the Department of Human Services furnished no federal or state benefits to the decedent (or, that if such benefits have been furnished, the Department of Human Services has been reimbursed in accordance with state and federal laws and regulations). 5. An itemized description and valuation of the decedent's personal property; a legal description and valuation of the decedent's real property, including homestead, if any; and the names and addresses of persons having possession thereof or residing on any of the decedent's real property, are: Description of Property,Valuation Less In Possession of and Extent and DetailsEncumbrances of Encumbrances, if Any __________________________________ _______________ __________________________________ _______________ 6. The names, ages, relationships to the decedent and residence addresses of the persons entitled to receive the property of the decedent as surviving spouse, heirs or devisees of decedent's will are: Name Age Relationship Residence Address __________________ ____ ____________ __________________ __________________ ____ ____________ __________________ THEREFORE, the distributee[s] of this estate shall be entitled to distribution of the property identified above, without the necessity of an order of the court or other proceeding, upon furnishing a copy of this Affidavit, certified by the clerk, to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right of the decedent. Date: _________, ___. _________________________________ [Signature] [Affiant] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] CERTIFICATE OF CLERK The undersigned Clerk of the Probate Court of ___________ County, Arkansas, certifies that this is a true copy of an affidavit filed in this court on [date], that the affidavit remains on file and that no petition for the appointment of a personal representative of this estate has been filed in this court. Date: __________, ____. __________________________, Clerk. By: ________________, Deputy Clerk. (Seal) Reporter's Notes to Form 23: See Ark. Code Ann. § 28-41- 101. The language in parentheses in Paragraph 4 should be substituted for the language immediately preceding it if the Department of Human Services furnished benefits to the decedent. An affidavit by the distributee is required by Ark. Code Ann. § 28-41-101(a)(4). If an estate collected pursuant to this affidavit contains real property, the distributee, to allow for presentation of claims against the estate, may publish a notice promptly after the affidavit has been filed. Ark. Code Ann. § 28- 41-101(b)(2). Note (2019): The form was revised to provide for contact information.

Form 23: Affidavit for Collection of Small Estate by Distributee

Form 24. [Caption] PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE The petitioner respectfully represents to this court that a guardian of the person and of the estate should be appointed for the incapacitated person whose name, date of birth, sex, and address are: Name Date of Birth Sex Residence Address ______________ __________ __ _________________ The nature of the incapacity and purpose of the guardianship sought for the incapacitated person are: [Insert the nature of incapacity and purpose of guardianship, in accordance with the definitions and classifications set forth in Ark. Code Ann. §§ 28-65-101 & 28-65-104.] The nature, extent and value of the property of the incapacitated person and the interest of the incapacitated person in that property, are: [Include approximate value and description of property, including any compensation, pension, insurance or allowance to which the incapacitated person may be entitled]. There is no guardian of the person or estate of the incapacitated person, except as follows: [State whether a guardian has been appointed in any state for the estate or person of the incapacitated person and if not, write "none."] ____________, whose address is ____________, is related to or interested in the incapacitated person by reason of _______________ and is legally qualified to serve as guardian of the person and estate of the incapacitated person. [He] [She] is at present serving as guardian of the persons or estates of the incapacitated persons whose names and addresses are as follows: [List the names and addresses of any wards for whom the person whose appointment is sought is already guardian.] Insofar as the petitioner has been able to ascertain, the persons most closely related, by blood or marriage, to the incapacitated person are: Name Relationship Residence Address ___________________ _______________ __________________ ___________________ _______________ __________________ The nature of the proposed ward's alleged disability is: [Set forth a statement of the alleged disability as defined by Ark. Code Ann. §§ 28-65-101(1) & 28-65-104.] Petitioner recommends the following type of guardianship, having the scope and duration indicated: [Include a recommendation proposing the type, scope and duration of guardianship.] The following facility or agency from which the proposed ward is receiving services has been notified of the proceedings: [Include a statement that any facility or agency from which the respondent is receiving services has been notified of the proceedings.] The names and addresses of others having knowledge of the proposed ward's disability are: Name Residence Address _______________________ _____________________ _______________________ _____________________ Date: _________, ___. _________________________________ [Signature][Petitioner] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 24: This petition is for a guardianship of both the person and the estate. It should be modified if the guardianship is only of one or the other. By statute, incapacitated persons include those who are impaired by certain specified mental and physical disabilities, as well as persons under the age of 18 whose disabilities have not been removed and persons who are detained or confined by a foreign power or who have disappeared. Ark. Code Ann. §§ 28-65-101 & 28-65-104. Matters that must be enumerated in the petition are set forth in Ark. Code Ann. § 28-65-205. See also Ark. Code Ann. §§ 28-65-105 - 28-65-106 (purpose of guardianship proceedings and rights of incapacitated persons). Note (2019): The form was revised to provide for contact information.

Form 24: Petition for Appointment of Guardian of the Person and Estate

Form 25. [Caption] NOTICE OF HEARING FOR APPOINTMENT To: ___________________ You are hereby notified that a petition has been filed in this court for the appointment of a guardian of the [person] [estate] [person and estate] of _______________, an incapacitated person, and that the petition will be heard at ___ o'clock __.m., on [date] at the __________ County Courthouse, or at a later time or other place to which the hearing may be adjourned or transferred. Date: __________, ____. __________________________, Clerk. By: ________________, Deputy Clerk. Reporter's Notes to Form 25: See Ark. Code Ann. § 28-65- 207 (notice of hearing for appointment and methods for service of such notice); Ark. Code Ann. § 28-65-208 (persons who must be notified of the hearing). At least 20 days notice of the hearing must be given. Ark. Code Ann. § 28-65-207(c)(2).

Form 25: Notice of Hearing for Appointment

Form 26. [Caption] APPLICATION FOR WRITTEN NOTICE To: _________________ The undersigned, ______________, in accordance with Ark. Code Ann. § 28-65-209, requests written notice of all hearings on petitions for settlement of accounts, for the sale, mortgage, lease, or exchange of any property of this guardianship estate, for an allowance of any nature payable from the ward's estate, for the investment of funds of the estate, for the removal, suspension, or discharge of the guardian, or for final termination of the guardianship, and any other matter affecting the welfare or care of the incapacitated person or [his] [her] property. The requested notice should be sent to the undersigned at the following address: Date: _________, ___. _________________________________ [Signature][Applicant or Attorney] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 26: Pursuant to Ark. Code Ann. § 28-65-209, an interested party may, in person or by attorney, serve upon the guardian and upon his attorney, and file with the clerk of the court where the proceedings are pending, with a written admission or proof of service, a written request stating that he desires notice of some or all of the matters enumerated in this form. Unless the court directs otherwise, upon filing the request, the person shall be entitled to notice of all such hearings or of such of them as he designates in his request. Note (2019): The form was revised to provide for contact information.

Form 26: Application for Written Notice

Form 27. [Caption] GUARDIAN'S BOND The undersigned, ______________, as principal, having been appointed guardian of the [person] [estate] [person and estate] of ______________, an incapacitated person; and ________________, as surety, acknowledge themselves to be jointly and severally obligated to the State of Arkansas, for the use and benefit of all persons interested, in the penal sum of _________ Dollars ($_______), conditioned as follows: If the undersigned guardian shall well and faithfully account for his guardianship, as by law required, this bond shall become void; otherwise, it will remain in full force and effect. Date: _________, ___. _________________________________ [Signature], as Principal _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] _________________________________ [Signature], as Surety _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Approved this date: ________, ____. __________________________, Clerk. By: ________________, Deputy Clerk. Approved this date: ________, ____. __________________________, Judge. Reporter's Notes to Form 27: See Ark. Code Ann. § 28-65- 215 (requirement for a bond). For the qualifying affidavit of personal sureties, see Form 7. Note (2019): The form was revised to provide for contact information.

Form 27: Guardian's Bond

Form 28. [Caption] ACCEPTANCE OF APPOINTMENT AS GUARDIAN The undersigned, _________________, having been appointed guardian of the [person] [estate] [person and estate] of ____________________, an incapacitated person, hereby accepts the appointment. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 28: This form is to be used only when no bond is required of the guardian. Note (2019): The form was revised to provide for contact information.

Form 28: Acceptance of Appointment as Guardian

Form 29. [Caption] LETTERS OF GUARDIANSHIP OF THE PERSON AND ESTATE Be It Known: _________________, whose address is ________________, having been appointed guardian of the person and estate of _____________________, an incapacitated person, and having qualified as guardian, is hereby authorized to have the care and custody of and exercise control over the incapacitated person and to take possession of and administer the property of the incapacitated person, as authorized by law. Date: _________, ____. __________________________, Clerk. By: ________________, Deputy Clerk. (Seal) Reporter's Notes to Form 29: This form, prescribed by Ark. Code Ann. § 28-65-217, is for a guardianship of both the person and the estate. It should be modified if the guardianship is only of one or the other. If the powers, authorities, and duties of the guardian are limited, the letters of guardianship must clearly state, in bold print, that they are so restricted and the word "limited" must appear in both the title and in the body of the form. For designation of a process agent by a non- resident, see Form 9.

Form 29: Letters of Guardianship of the Person and Estate

Form 3. [Caption] PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE ______________, whose address is ____________, and whose interest in the decedent's estate is that of ______________,petitions that a certain written instrument be admitted to probate as the last will of the decedent, and for the appointment of a personal representative. The facts known to petitioner are: 1. The decedent, ___________, aged ___, who resided at ___________ in ___________ County, Arkansas, died at __________ on or about [date]. 2. The decedent left as his last will a written instrument dated the ________ day of ________, ____, which has been filed in this court. Proof of its execution in the manner required by law has been made or will be made at the time of presentation of this petition. 3. The surviving spouse, heirs, and devisees of the decedent, and their respective ages, relationships to the decedent, and residence addresses, are: Name Age Relationship Residence Address ________________ ____ ______________ _________________ ________________ ____ ______________ _________________ ________________ ____ ______________ _________________ 4. The probable value of the decedent's estate is: Real property $ ________ Personal property $ ________ 5. The will of the decedent nominates ________________ as [executor] [executrix]. (Petitioner nominates for appointment as ________, ________ of __________ to administer the estate.) The relationship, if any, of the nominee to the decedent, and other facts, if any, which entitle the nominee to appointment are: ________________. THEREFORE, petitioner requests that this court make an order determining (1) the fact of the death of the decedent; (2) that the proffered instrument was executed in all respects according to law when the testator was competent to do so and acting without undue influence, fraud or restraint, has not been revoked and is decedent's last will; and (3) appointing the nominee to administer the decedent's estate. Date: _________, ___. _________________________________ [Signature] [Petitioner] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 3: See Ark. Code Ann. § 28-40- 107. The sentence in parentheses in paragraph 5 is to be substituted for the preceding sentence if the petitioner seeks appointment of a personal representative who is not nominated in the decedent's will. Note (2019): The form was revised to provide for contact information.

Form 3: Petition for Probate of Will and Appointment of Personal Representative

Form 30. [Caption] INVENTORY OF WARD'S ESTATE The undersigned, guardian of the estate of __________________, an incapacitated person, states on oath that to the best of my knowledge and belief, the following is a complete and accurate inventory of all property owned by the ward at the time of my appointment as such guardian, and that the amount set opposite each item of property is its fair market value at the time it came under my control as guardian: REAL ESTATE Legal DescriptionEncumbrances, Liens, etc., and Net Value and ExtentRespective Amounts Thereof of Ward’s Interest ____________ _________________________ $ ______ ____________ _________________________ $ ______ Total value of real estate: $ _________ PERSONAL PROPERTY Household Goods and Personal Effects [This list should include, but not be limited to, furniture, household and yard equipment, clothing, jewelry, etc.] DescriptionEncumbrances, Liens, etc., and Net Value Respective Amounts Thereof ____________ _________________________ $ ______ ____________ __________________________ $ ______ Other Tangible Personal Property [This list should include, but not be limited to, automobiles and other motor vehicles, farm equipment, livestock, agricultural products, stocks of merchandise, any going business enterprise or interest therein, etc.] DescriptionEncumbrances, Liens, etc., and Net Value Respective Amounts Thereof ____________ _________________________ $ ______ ____________ __________________________ $ ______ Intangible Personal Property [List separately in detail: cash on hand; money on deposit, stating names and addresses of depositories; bonds, stating names of issuers, interest rates, classes, maturity dates, serial numbers, face amounts, and dates to which interest is paid; corporate stocks, stating certificate numbers, names of issuers, classes, and number of shares; notes receivable, stating the names and addresses of makers, dates, amounts, interest rates, and dates to which interest paid, balances due, maturities, and security, if any; accounts receivable, stating names of debtors, dates of last items and balances due; and other intangibles, describing in detail.] DescriptionEncumbrances, Liens, etc., and Net Value Respective Amounts Thereof ____________ _________________________ $ ______ ____________ __________________________ $ ______ Total value of personal property: $ _______ SUMMARY Total real property: $ _______ Total personal property:$ _______ Total estate: $ _______ The undersigned is not indebted or obligated to the ward except as stated herein. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 30: Paragraph (a) of Ark. Code Ann. § 28-65-321 provides that the inventory is subject to the same requirements for the inventory of a decedent's estate. See Ark. Code Ann. § 28-49-110. Among those requirements is an affidavit. Note (2019): The form was revised to provide for contact information.

Form 30: Inventory of Ward's Estate

Form 31. [Caption] ACCOUNTING BY GUARDIAN _____________ respectfully submits to the court [his] [her] account as guardian of the estate of ___________ for the period beginning on [date] and ending on [date]. This account is submitted because [insert the occasion for filing of account as set forth in Ark. Code Ann. § 28-65-320]. 1. Charges to accountant: [If this is the first account, the first item should be the value of the estate as reflected by the inventory. If a subsequent account, the first item should be the balance shown on the previous account. Thereafter list separately and describe in detail (a) additional property received by accountant; (b) all income; and (c) gains from the sale, conveyance or other disposition of any property received by the accountant during the accounting period. Show the date of each transaction.] Total charges to accountant: $ _________ 2. Credits, other than payments to distributees, to which accountant is entitled: [List separately (a) all disbursements, other than payments to distributees, and (b) all losses sustained on sales, conveyances or other dispositions of any property, describing each item in full. Show the date of each transaction.] Total: $ _________ 3. Credits for money paid or assets delivered to distributees: [Itemize each disbursement of cash and describe in detail other assets delivered, showing opposite each asset the amount at which its value was estimated in the inventory or, if purchased by the accountant, its cost. Show the date of each transaction.] Total: $ _________ SUMMARY OF ACCOUNT Charges to accountant: $ ________ Credits as per paragraph 2: $ ________ Credits as per paragraph 3: $ ________ Total Credits: $ ________ Balance remaining in hands of accountant: $ ________ 4. Description of balance remaining in hands of accountant: [List separately and describe in detail each item of property remaining in the accountant's hands, showing the inventory value or cost of each.] 5. Changes in form of assets not affecting balance: [List separately and describe in detail all changes in the form of assets resulting from collections or sales at inventory or cost value and other such transactions. Show the date of each transaction.] 6. All outstanding liabilities of the estate of which accountant has knowledge are: Total Liabilities: $ ________ Vouchers evidencing cash disbursements and receipts evidencing other assets delivered for which accountant has taken credit are attached to this account. THEREFORE, having fully accounted for the administration of this estate for the period set out above, accountant requests that, after proper advertisement and notice, if any, required by the law or by the court, this account be examined, approved, and confirmed by the court, and that accountant be allowed the sum of $ _________ as [his] [her] fee for services rendered during the period covered by this account. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 31: Pursuant to Ark. Code Ann. § 28-65-320, a guardian of the estate must file with the court annually, within 60 days after the anniversary date of his or her appointment and also within 60 days after termination of his or her guardianship, a written verified accounting. Notice of hearing of every accounting must be given to the same persons in the same manner as required in connection with the petition to appoint the guardian, except that the court may dispense with notice to a mentally incompetent ward upon a satisfactory showing that such notice would be detrimental to his or her well-being. Note (2019): The form was revised to provide for contact information.

Form 31: Accounting by Guardian

Form 32. [Caption] ANNUAL REPORT OF GUARDIAN ______________, the duly appointed, qualified, and acting guardian of ______________, an incapacitated person, submits this annual report to the court in accordance with Ark. Code Ann. § 28-65-322. The current mental, physical, and social condition of the incapacitated person is: [Provide a summary.] The present living arrangements of the incapacitated person are: [Describe those arrangements.] The need for continued guardianship services is: [State whether there is a need for such services.] Submitted with this annual report is the petitioner's accounting of the guardianship estate for the period beginning on [date] and ending on [date]. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 32: All guardians must file an annual report with the court, setting forth the matters reflected in this form. See Ark. Code Ann. § 28-65-322. Any other information which is requested by the court or is necessary in the opinion of the guardian must also be included. Note (2019): The form was revised to provide for contact information.

Form 32: Annual Report of Guardian

Form 33. [Caption] AGREEMENT OF DEPOSITORY The undersigned, being [a bank in Arkansas insured by the Federal Deposit Insurance Corporation] [a savings and loan association in Arkansas insured by the Federal Savings & Loan Association Corporation] [a credit union in Arkansas insured by the National Credit Union Administration], received on deposit from _______________, as guardian of the estate of _______________, an incapacitated person, the sum of _________ Dollars ($ _______) in cash on[date] and agrees not to permit any withdrawal from these funds unless authorized by order of this court. Date: _________, ___. _________________________________ [Signature] [Authorized Officer or Agent of Depository] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 33: By statute, the court may dispense with a bond for the guardian when the entire guardianship is in cash deposited on interest in any of the institutions identified in the form, provided that the value of the estate so deposited is not greater than the maximum amount of insurance provided by law for a single depositor. Ark. Code Ann. § 28-65-215(e). This form must be executed on behalf of the depository and filed with the probate clerk. For an enumeration of the types of authorized investments for guardianship funds, see Ark. Code Ann. § 28-65-311. Note (2019): The form was revised to provide for contact information.

Form 33: Agreement of Depository

Form 4. [Caption] PROOF OF WILL I, ______________, state on oath: I am one of the subscribing witnesses to the attached written instrument, dated the ____ day of _________, ____, which purports to be (a codicil to) the last will of _____________, deceased. On the execution date of the instrument the [testator] [testatrix], in my presence, and in the presence of the other attesting witnesses, signed the instrument at the end, or acknowledged [his] [her] signature, declared the instrument to be [his] [her] will, and requested that I attest [his] [her] execution of it. Then, in the presence of the [testator] [testatrix]and the other witnesses, I signed my name as an attesting witness. At the time of execution of the instrument, the [testator] [testatrix] appeared to be eighteen years of age or older, of sound mind, and acting without undue influence, fraud or restraint. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 4: This form is designed for execution and filing with the court when the original will did not include a "proof of will." Because it is not always practical to have multiple witnesses appear simultaneously, the form is for a single witness. This form is for an attested will and should not be used for a holographic will. An attested will must be proved by at least two attesting witnesses or as otherwise provided by statute. Ark. Code Ann. § 28-40-117(a). If the instrument is a codicil, the language in parentheses should be included. An affidavit is required by Ark. Code Ann. § 28-40-118(a). Note (2019): The form was revised to provide for contact information.

Form 4: Proof of Will

Form 5. [Caption] NOTICE OF HEARING ON PETITION To all persons interested in the estate of _____________, deceased: You are hereby notified that a petition has been filed in this court (to admit to probate the will of ____________, and) for the appointment of a personal representative for this estate; that this petition will be heard at ___ o'clock __.m. on [date], at ________, or at a later time or other place to which the hearing may be adjourned or transferred. Date: _______, ____ __________________________, Clerk. By: ________________, Deputy Clerk. Reporter's Notes to Form 5: See Ark. Code Ann. § 28-40- 110. The language in parentheses should be used when the petitioner seeks probate of a will.

Form 5: Notice of Hearing on Petition

Form 6. [Caption] BOND OF PERSONAL REPRESENTATIVE The undersigned, ____________, as principal, having been appointed [executor] [executrix] of the will of (or [administrator] [administratrix] of the estate of) _______________, deceased, and ___________, as suret __, acknowledge themselves to be jointly and severally obligated to the State of Arkansas, for the use and benefit of all persons interested in the estate, in the penal sum of ________ Dollars ($ ________) conditioned as follows: If the undersigned [executor] [executrix] (or [administrator] [administratrix]) shall well and faithfully account for his administration of the estate, as required by law, this bond shall become void. Otherwise, this bond will remain in full force and effect. Date: _________, ___. _________________________________ [Signature], as Principal. _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] _________________________________ [Signature], as Surety. _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Approved this date: ________, ____. _________________________, Clerk. By: _______________, Deputy Clerk. Approved this date: ________, ____. ________________________, Judge. Reporter's Notes to Form 6: See Ark. Code Ann. § 28-48- 204. The references to administrator and administratrix in parentheses are to be substituted for the references to executor and executrix if the personal representative was not nominated in the decedent's will. If a corporate surety is used, the power of attorney of agent should be attached. If the sureties are individuals, their qualifying affidavit (Form 7) should be attached. Note (2019): The form was revised to provide for contact information.

Form 6: Bond of Personal Representative

Form 7. [Caption] QUALIFYING AFFIDAVIT OF PERSONAL SURETIES The undersigned, being the sureties on the bond filed in this estate, state on oath that we collectively own property in the State of Arkansas, in excess of our liabilities and subject to execution, of a value equal to the amount of the bond. Date: _________, ___. _________________________________ [Signature], as Surety _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] [Affidavit] Reporter's Notes to Form 7: See Ark. Code Ann. § 28-48- 205. This form is only for individual sureties. It may be used with the guardian's bond (Form 27). An affidavit is required by Ark. Code Ann. § 28-48-205(b). Note (2019): The form was revised to provide for contact information.

Form 7: Qualifying Affidavit of Personal Sureties

Form 8. [Caption] ACCEPTANCE OF APPOINTMENT AS PERSONAL REPRESENTATIVE The undersigned, ________________, having been appointed ________ of the estate of ______________, deceased, accepts the appointment. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 8: See Ark. Code Ann. § 28-48- 102(a). This form is to be used only when no bond is required of the personal representative. Note (2019): The form was revised to provide for contact information.

Form 8: Acceptance of Appointment as Personal Representative

Form 9. [Caption] DESIGNATION OF PROCESS AGENT The undersigned, __________, as ________ of the estate of________, appoints the clerk of this court and his successors in office, (or ________, whose residence address is ________,) as agent in behalf of the undersigned, to accept service of process and notice in all actions and proceedings with respect to the estate. Date: _________, ___. _________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] _________________________________ [Telephone Number] _________________________________ [Email Address] Reporter's Notes to Form 9: See Ark. Code Ann. § 28-48- 101(b)(6). This form is for use by a nonresident personal representative or guardian. The language in parentheses should be substituted for the language immediately preceding it if someone other than the clerk of the court is appointed. The statute does not require an affidavit or acknowledgment. Note (2019): The form was revised to provide for contact information.

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