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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

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