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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 16-11A (Rule 16-11) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED APPLICATION FOR GRANT OF PROBATE The application of _______________________________________________________states that: (name and residence) 1 ___________________________________________, late of ____________________________, deceased, (name of deceased) (place of residence) died at ____________________________________________________________________________ (place of death) on or about the _________ day of _____________, 2 _______, and at the time of death resided in Saskatchewan (or resided out of Saskatchewan but had at the time property in Saskatchewan). 2 The deceased made a Last Will and Testament dated the ____day of ___________2 ______, (and codicil or codicils dated the ________day of ________________, 2 ______ ), and was at the time of making the will (and codicil, if any) of the full age of ________________________ years. (If otherwise, see clause 16-18(1)(a) of The Queen’s Bench Rules and The Wills Act, 1996, sections 5 and 6 and set out the applicable exception. For the applicable age see the provisions of The Age of Majority Act.) 3 The following beneficiary(ies), and no other person(s), is (are) entitled to share in the estate of the deceased: (show here the name and address of each beneficiary and the relationship to the deceased). NAME AND ADDRESSRELATIONSHIP (If applicable, add:) 3(a) The deceased died intestate as to a portion of h __________estate leaving surviving the following persons, and no others, who are entitled by law to share in the estate: (show here the name and address of each beneficiary and the relationship to the deceased). NAME AND ADDRESSRELATIONSHIP 4 Every person named as a beneficiary survived the deceased. (If otherwise, state whether he or she was a brother, sister, child or other issue of the deceased, and if so, if he or she is survived by a child now under the age of 18 years. See section 22 of The Wills Act, 1996. If so, file Form 16-12.) 5 No beneficiary is now under the age of 18 years, and no child under the age of 18 years survived the deceased, and no posthumous child has been or will be born to the deceased. (If otherwise so state and file Form 16-12.) 6 The deceased was not survived by any dependent adult who is a beneficiary of the estate or may have a claim against it under The Dependants’ Relief Act, 1996 or The Family Property Act. (If otherwise so state and file Form 16-12.) 7 The deceased was _____________ years of age at death. 8 The deceased was ______________________________________________________ at death. (set out marital status) 9 The deceased did not, after execution of the will, marry or cohabit in a spousal relationship continuously for two years. (If otherwise, set out the applicable exception: see clause 16-18(1)(b) of The Queen’s Bench Rules.) 10 After making the will and before his or her death, the marriage of the testator was not terminated by a decree absolute or final judgment of divorce nor was it found to be void or declared a nullity by a court in a proceeding to which the testator was a party nor did the testator and his or her spouse, who were not legally married, cease to cohabit in a spousal relationship for at least 24 months. (If otherwise, comply with subrule 16-18(2).) 11 The applicant(s) is (are) the executor(s) named in the will and (each) is of the full age of 18 years (or a trust company). 12 Neither witness to the will is a beneficiary or the spouse of a beneficiary named in the will. (If otherwise, set out the applicable exception: see clause 16-18(1)(c) of the rules.) 13 The value of the estate for the purpose of local registrar’s fees is $__________________. 14 No other application for grant has been made to this Honourable Court to prove the will or for Letters of Administration with Will Annexed, to the best of the applicants’ information and belief. Therefore the applicant(s) request(s) that probate of the will of the deceased may be granted by this Honourable Court. ______________________________________, Saskatchewan, this ____________ day of __________________, 2______ DATED at . _______________________________________________ (signature of applicant) CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________E-mail address (if any):

Application for Grant of Probate

Form 16-11B (Rule 16-11) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED APPLICATION FOR GRANT OF ADMINISTRATION WITH WILL ANNEXED The application of _______________________________________________________states that: (name and residence) 1 ___________________________________________, late of ____________________________, deceased, (name of deceased) (place of residence) died at ____________________________________________________________________________ (place of death) on or about the _________ day of _____________, 2 _______, and at the time of death resided in Saskatchewan (or resided out of Saskatchewan but had at the time property in Saskatchewan). 2 The deceased made a Last Will and Testament dated the _____ day of ___________, 2 ____, (and codicil or codicils dated the ________day of ________________, 2 ______ ), and was at the time of making the will (and codicil, if any) of the full age of ________________________ years. (If otherwise, see clause 16-18(1)(a) of the rules and The Wills Act, 1996, sections 5 and 6 and set out the applicable exception. For the applicable age see the provisions of The Age of Majority Act.) 3 The following beneficiary(ies), and no other person(s), is (are) entitled to share in the estate of the deceased: (show here the name and address of each beneficiary and the relationship to the deceased). NAME AND ADDRESSRELATIONSHIP (If applicable, add:) 3(a) The deceased died intestate as to a portion of h __________estate leaving surviving the following persons, and no others, who are entitled by law to share in the estate: (show here the name and address of each beneficiary and the relationship to the deceased). NAME AND ADDRESSRELATIONSHIP 4 Every person named as a beneficiary survived the deceased. (If otherwise, state whether he or she was a brother, sister, child or other issue of the deceased, and if so, if he or she is survived by a child now under the age of 18. See section 22 of The Wills Act, 1996. If so, file Form 16-12.) 5 No beneficiary is now under the age of 18 years, and no child under the age of 18 years survived the deceased, and no posthumous child has been or will be born to the deceased. (If otherwise so state and file Form 16-12.) 6 (select the applicable paragraph 6 - delete the inapplicable paragraphs) □ Attached to this application is a Bond in Form 16-31. or □ The Applicant asks the Court to dispense with giving a Bond on the basis that (select the applicable circumstances): □ the value of the estate does not exceed the amount prescribed for the purposes of clause 9(1)(b) of The Administration of Estates Act;* □ the administrator is the sole beneficiary; □ attached to this application are the consents of all competent adults with a beneficial interest in the estate, and there are neither minors under the age of 18 nor adults who appear to lack capacity, who are beneficially interested in the estate; or □ attached to this application are the consents of all competent adults with a beneficial interest in the estate and the consent of the Public Guardian and Trustee. And □ there are no debts for which the estate is or may be liable; or □ all the creditors of the estate consent. 7 The deceased was not survived by any dependent adult who is a beneficiary of the estate or may have a claim against it under The Dependants’ Relief Act, 1996 or The Family Property Act. (If otherwise so state and file Form 16-12 , and either include a Bond or request relief from having to give a Bond in accordance with paragraph 6.) 8 The deceased was _____________ years of age at death. ______________________________________________________9The deceased was at death. (set out marital status) clause 16-18(1)(b) of rules.) 10The deceased did not, after execution of the will, marry or cohabit in a spousal relationship continuously for two years. (If otherwise, set out the applicable exception: see declared a nullity by a court in a proceeding to which the testator was a party nor did the testator and his or her spouse, who were not legally married, cease to cohabit in a spousal relationship for at least 24 months. (If otherwise, comply with subrule 16-18(2).) 11After making the will and before his or her death, the marriage of the testator was not terminated by a decree absolute or final judgment of divorce nor was it found to be void or 12No executor is named in the will (or the executor named in the will has died since the death of the testator, or has renounced and the Renunciation is attached). __________________________13The applicant(s) is a (are)under the will and no other person has a prior or equal right to Grant of Administration with Will Annexed (or all persons having prior or equal right to grant of administration have renounced and the Renunciation of each is attached: see rule 16-26). 14The applicant(s) is (are) of the full age of 18 years (or a trust company). 15Neither witness to the will is a beneficiary or the spouse of a beneficiary named in the will. (If otherwise, set out the applicable exception: see clause 16-18(1)(c) of the rules.) __________________16The value of the estate for the purpose of local registrar’s fees is $. 17No other application for grant has been made to this Honourable Court to prove the will or for Letters of Administration with Will Annexed, to the best of the applicant’s information and belief. Therefore the applicant(s) request(s) that Letters of Administration with Will Annexed of the will of the deceased may be granted by this Honourable Court (, without bond). ______________________________________, Saskatchewan, this ____________ day of __________________, 2______. DATED at _______________________________________________ (signature of applicant) NOTICE * Currently the amount prescribed in The Administration of Estates Regulations for the purposes of clause 9(1)(b) of The Administration of Estates Act is $25,000. CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________E-mail address (if any):

Application for Grant of Administration with Will Annexed

Form 16-11C (Rule 16-11) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED APPLICATION FOR GRANT OF ADMINISTRATION The application of _______________________________________________________states that: (name and residence) 1 ___________________________________________, late of ____________________________, deceased, (name of deceased) (place of residence) died at ____________________________________________________________________________ (place of death) on or about the _________ day of _____________, 2 _______, and at the time of death resided in Saskatchewan (or resided out of Saskatchewan but had at the time property in Saskatchewan). 2 The deceased died intestate leaving surviving the following person(s), and no others, who are entitled by law to share in the estate: (show here the name and address of each beneficiary and the relationship to the deceased). NAME AND ADDRESSRELATIONSHIP 3 No beneficiary is now under the age of 18 years, and no child now under the age of 18 years survived the deceased, and no child (or brother or sister, if they are beneficiaries) predeceased the deceased leaving a child who is now under the age of 18 years, and no posthumous child has been or will be born to the deceased. (If otherwise so state and file Form 16-12). 4(select the applicable paragraph 4 - delete the inapplicable paragraphs) □Attached to this application is a Bond in Form 16-31. or □The Applicant asks the Court to dispense with giving a Bond on the basis that (select the applicable circumstances): □the value of the estate does not exceed the amount prescribed for the purposes of clause 9(1)(b) of The Administration of Estates Act;* □the administrator is the sole beneficiary; □attached to this application are the consents of all competent adults with a beneficial interest in the estate, and there are neither minors under the age of 18 nor adults who appear to lack capacity, who are beneficially interested in the estate; or □attached to this application are the consents of all competent adults with a beneficial interest in the estate and the consent of the Public Guardian and Trustee. And □there are no debts for which the estate is or may be liable; or □all the creditors of the estate consent. 5No dependent adult is interested in the estate or may have a claim against it under The Dependants’ Relief Act, 1996 or The Family Property Act. (If otherwise so state and file Form 16-12, and either include a Bond or request relief from having to give a Bond in accordance with paragraph 4.) _____________6The deceased was years of age at death. ______________________________________________________7at death.The deceased was (set out marital status) 8The applicant(s) is (are) of the full age of 18 years and is (are) (state the character in which the applicant claims, e.g. Official Administrator, Public Guardian and Trustee, or next of kin with a beneficial interest, and state the names and addresses of all other next of kin, with their relationship, who may have prior or equal rights to the applicant and whether any or all such persons have renounced their rights. If they have renounced attach Form 16-26. If the applicant is a trust company, so state and indicate that the company is licensed under The Trust and Loan Corporations Act, 1997). ___________________9.The value of the estate for the purpose of local registrar’s fees is $ 10No other application for grant has been made to this Honourable Court for a grant of Letters of Administration, to the best of the applicant’s information and belief. Therefore the applicant(s) request(s) that Letters of Administration may be granted by this Honourable Court (, without bond). ______________________________________, Saskatchewan, this ____________ day of __________________, 2______. DATED at _______________________________________________ (signature of applicant) NOTICE * Currently the amount prescribed in The Administration of Estates Regulations for the purposes of clause 9(1)(b) of The Administration of Estates Act is $25,000. CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________E-mail address (if any):

Application for Grant of Administration

Form 16-12 (Subrule 16-12(2)) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED NOTICE TO: PUBLIC GUARDIAN AND TRUSTEE OR PROPERTY GUARDIAN (as the case may be) Take notice that ___________________________________________________________________ of ________________________________________________________________________________ (mailing address) ___________________________________________________________________________________ (telephone) (fax) (e-mail address) is making application to the court for grant of letters _______in the estate of the deceased, who died at _______________________________________________________________________ (place of death) on the ______________ day of __________________, ____________. And further take notice that the deceased died (in)testate, survived by: □ the following competent adults entitled to share in the estate: NameAddressRelationship to deceased □ the following persons under the age of 18 years entitled to share in the estate: NameName and Address of Guardian Relationship to deceased Date of Birth □ the following persons under the age of 18 years who may have a claim against the estate pursuant to The Dependants’ Relief Act, 1996: NameName and Address of Guardian Relationship to deceased Date of Birth □ the following persons who are dependent adults as defined in The Public Guardian and Trustee Act and who are entitled to share in the estate: NameName and Address of Guardian Relationship to deceased Date of Birth □ the following persons who are dependent adults as defined in The Public Guardian and Trustee Act and who may have a claim against the estate pursuant to The Dependants’ Relief Act, 1996 or The Family Property Act: NameName and Address of Guardian Relationship to deceased Date of Birth And further take notice that the following are attached to this notice: (a) a statement of the assets of the deceased as shown on the application; (b) a statement of the debts of the estate; and (c) a copy of the Last Will and Testament of the deceased, if applicable. DATED at ______________________________________, Saskatchewan, this ____________ day of __________________, 2 ______. _______________________________________________ (signature) CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________E-mail address (if any):

Notice to: Public Guardian and Trustee or Property Guardian (as the case may be)

Form 16-13A (Subrule 16-13(2)) AFFIDAVIT OF APPLICANT FOR PROBATE (OR ADMINISTRATION WITH WILL ANNEXED) I, ___________________________________________________, make oath and say/affirm that: (name and residence) 1 Attached to this affidavit and marked as Exhibit ‘A’ is my application for grant of probate (or administration with will annexed) of the Last Will and Testament of __________________, (name of testator) late of ___________________________________________________________________________, (residence at time of death) and all the allegations of fact contained in the application are true (add, if applicable, save those facts as are not within the personal knowledge of the deponent but which have been verified by other affidavits). 2 I believe the document attached to this affidavit and marked as Exhibit ‘B’ to contain the original last will and testament of the deceased. (If there is a codicil continue this paragraph by adding: I believe the document attached to this affidavit and marked as Exhibit ‘C’ to contain a codicil to the Last Will and Testament of the deceased, and change the lettering of the remaining exhibits.) 3 Attached to this affidavit and marked as Exhibit ‘C’ is a statement (in Form 16-14) showing all the property owned by the deceased at the time of death; that statement truly and correctly, in so far as it has been possible to ascertain, sets forth all the property of the deceased showing the fair market value at death. 4 I will faithfully administer the property of the testator by paying the just debts and the legacies contained in the will (and codicil, if any) so far as to it (or them) bound by law; and I will exhibit under oath (or affirmation) a true and perfect inventory of the estate, and render a full and just account of my executorship (or administration) within two years after the grant of letters probate (or of administration with will annexed) to me, or whenever required by law to do so. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of applicant) _______________________________________ Commissioner for Oaths for Saskatchewan

Affidavit of Applicant for Probate (or Administration with Will Annexed)

Form 16-13B (Subrule 16-13(2)) AFFIDAVIT OF APPLICANT FOR ADMINISTRATION I, ________________________________________________________________, make oath and (name and residence) say (or affirm) that: 1 Attached to this affidavit and marked as Exhibit ‘A’ is my application for grant of administration to the estate of ______________________________________________________, (name of deceased) late of ___________________________________________________________________________, (residence at time of death) and all the allegations of fact contained in the application are true (add, if applicable, save those facts as are not within the personal knowledge of the deponent but which have been verified by other affidavits). 2 I have made a careful search in all places where the deceased usually kept papers, and had depositories, and I believe the deceased died without having left any will, codicil, or testamentary document whatsoever. 3 Attached to this affidavit and marked as Exhibit ‘B’ is a statement (in Form 16-14) showing all the property owned by the deceased at the time of death; that statement truly and correctly, in so far as it has been possible to ascertain, sets forth all the property of the deceased showing the fair market value at death. 4 I will, if appointed, faithfully administer the property of the deceased by paying the just debts and distributing the residue, if any, of the estate according to law; and I will exhibit under oath (or affirmation) a true and perfect inventory of the estate, and render a full and just account of my administration within two years after the grant of letters of administration to me, or whenever required by law to do so. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of applicant) _______________________________________ Commissioner for Oaths for Saskatchewan

Affidavit of Applicant for Administration

Form 16-14 (Subrule 16-14(1)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED STATEMENT OF PROPERTY (If the application is for an initial grant of probate or administration in Saskatchewan [see subrule 16-14(1)], this statement should show all the real and personal property of the deceased at the time of death at its value at the time of death.) (If the application is for a second grant in Saskatchewan [see subrule 16-14(3)], this statement is limited to the property unadministered or to be administered in Saskatchewan at its value at the time of the application for grant.) (If the application is for a resealing in Saskatchewan [see rule 16-34], this statement should show all of the property owned in Saskatchewan by the deceased at the time of death at its value at the time of the application for resealing.) PART I SCHEDULE OF ASSETS AReal Estate Legal description: Value at date of death:$__________ Less amount owed on loan, mortgage or agreement for sale (in excess of any amount of insurance payable to discharge the loan, mortgage or agreement):$__________ Deceased's Equity:$__________ B Mortgages (Payable to deceased) Dated: _________________________________ Parties: ________________________________ Terms: _________________________________ Balance owing at date of death:$__________ Agreements for Sale (Payable to deceased) C Description: ____________________________ Dated: _________________________________ Parties: ________________________________ Terms: _________________________________ Balance owing at date of death:$__________ D Stocks and Shares Company: ______________________________ Certificate No.: _________________________ Number of shares: ______________________ Value at date of death:$__________ E Bonds and Debentures Number: _______________________________ Coupons due or accrued interest:$__________ Face value:$__________ Total value:$__________ F Bank Accounts, Cash on Hand _______________________________1 Bank: Branch: ________________________________ Savings Account No.: _____________________ Accrued Interest: $__________ Principal: $__________$__________ Chequing Account No.:_____________________$__________ 2 Cash on Hand:$__________ 3 Uncashed Cheques Payable to the Estate (with particulars):$__________$__________ GLife insurance Payable to the Estate Company: _______________________________ Policy Number: __________________________ Value at date of death:$__________ HAnnuities, Pensions, Superannuation, RRSPs, Payable to the Estate Description: _______________________________ Value at date of death:$__________ I Miscellaneous Personal Property: Description: _______________________________ Value at date of death:$__________ TOTAL VALUE OF ESTATE:$__________ PART II A Property Held Jointly (with right of survivorship) 1 Real estate Legal description: _____________________ Registered owners: ____________________ Value at date of death:$__________ 2 Bank accounts Description: __________________________ Joint owners: __________________________ Value at date of death:$__________$__________ B Insurance (Payable to a named beneficiary) Company: _______________________________ Policy Number: ___________________________ Designated Beneficiary: ____________________ Value at date of death:$__________ C Pensions and Annuities (Payable to a named beneficiary) Description: _______________________________ Designated Beneficiary: ____________________ Value at date of death:$__________ DReal Property Outside Saskatchewan Legal description:__________________________ Location: ________________________________ Value at date of death:$__________ E Personal Property Outside Saskatchewan (Where deceased died domiciled outside Saskatchewan) Description: _______________________________ Value at date of death:$__________ NOTICE There is a rebuttable presumption that property held by a deceased with an adult child in joint names with right of survivorship is held in a resulting trust for the benefit of the beneficiaries of the deceased’s estate. (See Pecore v. Pecore, 2007 SCC 17, [2007] 1 SCR 795.) Amended. Gaz. 3 Mar. 2017.

Statement of Property

Form 16-16 (Subrule 16-16(2)) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED RENUNCIATION OF PROBATE (OR ADMINISTRATION WITH WILL ANNEXED) Whereas ______________________________, late of ___________________________________, (name of deceased) (residence at time of death) died on or about the ___________________day of ______________________, 2 _______, and I, _________________________________________________________________________________, (name and residence) in Saskatchewan, was named an executor in the will (or as the case may be: see Note 2). Now I renounce my right to probate (or administration with will annexed) (if applicable add: and I consent to the appointment of ___________________________________________________ of ________________________________________________, in Saskatchewan, as administrator with will annexed of the estate of the deceased without bond.) In witness whereof, I have set my hand and seal this _______day of _____________, 2 ____. Signed, sealed and delivered in the presence of ________________________________________ _______________________________________________ (signature) NOTICE 1 An affidavit of execution is required, except where a corporation signs under its corporate seal. 2 If the renunciation is by a person entitled to administration with will annexed, the form may be varied and must include a statement that the will failed to appoint an executor, and must show the relationship of the person who renounces to the deceased. Legal Seal

Renunciation of Probate (or Administration with Will Annexed)

Form 16-19A (Subrule 16-19(1)) AFFIDAVIT OF EXECUTION OF WILL I, ________________________________________________________________________________, (name and residence) make oath and say/affirm that: 1 I know/knew __________________________of (or late of) __________________________. (name of testator) (residence of testator) 2 On or about the ______________day of _____________________________, 2 _______, I was present and saw the document annexed to this affidavit and marked as Exhibit ‘A’ signed by _________________________________________________________________________ (name of testator) (if testator executed the will by making his or her mark, add: by making h ______mark), as the same now appears, as and for h _______ last will and testament. 3 The document was signed by ____________________________________________________ (name of testator) in the presence of me and of _______________________________________________________, (name and residence of other attesting witness) who were both present at the same time, at which time we, in the presence of ___________________________________________________________________________________ (name of testator) and in the presence of each other, attested and subscribed the document as witnesses. (If the testator was blind, or executed the will by making his or her mark, add: 4 Before the execution of the will by the testator, the will was read over to the testator by me (or by ___________________________________________________________in my presence, as the case may be) and the testator had knowledge of its contents and appeared perfectly to understand the same.) SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature) _______________________________________ Commissioner for Oaths for Saskatchewan

Affidavit of Execution of Will

Form 16-19B (Subrule 16-19(5)) AFFIDAVIT PROVING EXECUTION OF A HOLOGRAPH WILL I, ________________________________________________________________________________, (name and residence) make oath and say/affirm that: 1 I knew ________________________________of _____________________________________, (name of deceased) (residence of deceased) and was present and saw the deceased write and sign in h _______ own hand the document attached to this affidavit and marked as Exhibit ‘A’. or 1 I was well acquainted with _____________________________________________________, (name of deceased) of _______________________________________________________________________________, (residence) and have frequently seen h ________write and sign h __________name. 2 I have examined the document attached to this affidavit and marked as Exhibit ‘A’, and I believe the whole of the document and the signature of that document is in the handwriting of the deceased. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature) _______________________________________ Commissioner for Oaths for Saskatchewan NOTICE The deponent should not be a beneficiary of the will.

Affidavit Proving Execution of a Holograph Will

Form 16-22 (Subrule 16-22(1)) AFFIDAVIT VERIFYING TRANSLATION OF A WILL I, ________________________________________________________________________________, (name and residence) make oath and say/affirm that: 1 I am well acquainted with the _____________________ and English (or French) languages and can read, write and speak fluently in both languages, and am competent to translate documents from the _______________________________________language into the English (or French language. 2 I have examined the document attached to this affidavit and marked as Exhibit ‘A’ that purports to be the original last will and testament of ________________________________, (name of deceased) deceased, and is written in the _________________________language. 3 I have made a translation of the will into the English (or French) language which translation is attached to this affidavit and marked as Exhibit ‘B’, and I say Exhibit ‘B’ is a true and faithful translation of the will from the ______________language into the English (or French) language. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature) _______________________________________ Commissioner for Oaths for Saskatchewan

Affidavit Verifying Translation of a Will

Form 16-26 (Subrule 16-26(3)) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED RENUNCIATION OF ADMINISTRATION Whereas ______________________________, late of ___________________________________, (name of deceased) (residence at time of death) died on or about the _______________day of ___________________, 2 ______, intestate and whereas I, ________________________________________________________________________, (name and residence) in Saskatchewan, am the deceased’s ________________________________________________. (state relationship) Now I renounce my right to letters of administration of the estate of the deceased (where applicable add: and I consent to the appointment of __________________________________________________ of ________________________________________________, in Saskatchewan, as administrator of the estate of the deceased without bond.) In witness whereof, I have set my hand and seal this _______day of _____________, 2 ____. Signed, sealed and delivered in the presence of ________________________________________ _______________________________________________ (signature) NOTICE An affidavit of execution is required, except where a corporation signs under its corporate seal. Legal Seal

Renunciation of Administration

Form 16-37 (Subrule 16-37(1)) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED INTERVENTION Take notice that I am a beneficiary (or, as the case may be) in this estate and desire notice of all proceedings taken in this matter. DATED at ______________________________________, Saskatchewan, this ____________ day of __________________, 2 ______. _______________________________________________ (signature of intervener) ________________________________________________ AFFIDAVIT OF INTERVENER I, _________________________________________________________________________________, (name and address of intervener) make oath and say/affirm that: 1 _______________________________________________________________________________ __________________________________________________________________________________ (state the nature of the deponent’s interest in the estate) SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of intervener) _______________________________________ Commissioner for Oaths for Saskatchewan CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________E-mail address (if any):

Intervention

Form 16-28A (Subrule 16-28(1)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN'S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED POWER OF ATTORNEY __________________________________________________________________________ Whereas (name and address of deceased) _________________________________________________________ died (testate or intestate) at (place of death) _______________________________________________________________________________on . (date of death) ___________________________________________________________________And whereas, I,, (name and address) am the person entitled to grant of administration (or probate). And whereas I am the widow (or next of kin) of the deceased. (If applicable, add:) And whereas I reside outside Saskatchewan. _____________________________________________________________________ Now I appoint (name and address) ________________________________________ to be my attorney for the purpose of obtaining (name of grant sought) to be granted by the Court of Queen’s Bench for Saskatchewan for my use and benefit and until I shall apply for and obtain a grant. And I promise to ratify and confirm whatever my attorney shall lawfully do or cause to be done. In witness whereof, I have set my hand and seal this _______day of _____________, 2 ____. Signed, sealed and delivered in the presence of ________________________________________ _______________________________________________ (signature) NOTICE 1 An affidavit of execution is necessary. 2 The instruments signed by all beneficiaries must be identical. Legal Seal

Power of Attorney (to obtain Grant)

Form 16-29A (Subrule 16-29(3)) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED APPLICATION FOR ADMINISTRATION DE BONIS NON The application of _______________________________________________________states that: (name and residence) 1 ___________________________________________, late of ____________________________, deceased, (name of deceased) (place of residence) died (in)testate at __________________________________________________________________ (place of death) on or about the _________ day of _____________, 2 _______, and at the time of death resided in Saskatchewan (or resided out of Saskatchewan but had at the time property in Saskatchewan). 2 Letters Probate (or of Administration (with Will Annexed) as the case may be) were granted on the ______ day of ___________________, 2 _____ by this Court to _____________________ executor (or administrator (with will annexed) as the case may be). 3 The executor (or administrator) died on or about the ______day of _______________, 2 ____, (In the case of an executor, add: intestate and there are no other executors to carry on the administration of the estate,) leaving part of the estate unadministered. 4 The following person(s), and no others, are still entitled by law to share in the estate: (show here the name and address of each beneficiary and the relationship to the deceased). NAME AND ADDRESSRELATIONSHIP 5No beneficiary is now under the age of 18 years, and no child now under the age of 18 years survived the deceased, and no child (or brother or sister, if they are beneficiaries) predeceased the deceased leaving a child who is now under the age of 18 years, and no posthumous child has been or will be born to the deceased. (If otherwise so state and file Form 16-12.) 6(select the applicable paragraph 6 - delete the inapplicable paragraphs) □Attached to this application is a Bond in Form 16-31. or □The Applicant asks the Court to dispense with giving a Bond on the basis that (select the applicable circumstances): □the value of the estate does not exceed the amount prescribed for the purposes of clause 9(1)(b) of The Administration of Estates Act;* □the administrator is the sole beneficiary; □attached to this application are the consents of all competent adults with a beneficial interest in the estate, and there are neither minors under the age of 18 nor adults who appear to lack capacity, who are beneficially interested in the estate; or □attached to this application are the consents of all competent adults with a beneficial interest in the estate and the consent of the Public Guardian and Trustee. And □there are no debts for which the estate is or may be liable; or □all the creditors of the estate consent. 7No dependent adult is interested in this estate or may have a claim against it under The Dependants’ Relief Act, 1996 or The Family Property Act. (If otherwise, so state and file Form 16-12, and either include a Bond or request relief from having to give a bond in accordance with paragraph 6.) 8The applicant(s) is (are) at least 18 years of age and is (are) (state the character in which the applicant claims, and the names and addresses of all other persons who may have prior or equal rights with the applicant and whether any or all have renounced their rights. If they have renounced, attach Form 16-26. If the applicant is a trust company so state.) __________________________9.The value of the property remaining unadministered is $ 10No other application has been made to this Honourable Court for a grant of Letters of Administration De Bonis Non to the best of the applicant’s(s’) information and belief. Therefore the applicant(s) request(s) the Letters of Administration De Bonis Non may be granted by this Honourable Court (, without bond). ______________________________________, Saskatchewan, this ____________ day of __________________, 2______. DATED at _______________________________________________ (signature of applicant) NOTICE * Currently the amount prescribed in The Administration of Estates Regulations for the purposes of clause 9(1)(b) of The Administration of Estates Act is $25,000. CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________E-mail address (if any):

Application for Administration de Bonis Non

Form 16-29B (Subrule 16-29(4)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED AFFIDAVIT OF APPLICANT FOR ADMINISTRATION DE BONIS NON _________________________________________________________________________________I, , (name and residence) make oath and say/affirm that: 1Attached to this affidavit and marked as Exhibit ‘A’ is the application for grant to me of Letters __________________________________________of Administration De Bonis Non in the estate of, (name of deceased) ___________________________________________________________________________,late of (state residence at time of death) in Saskatchewan, and all the allegations of fact contained in the application are true. (Add, if applicable, save those facts as are not within the personal knowledge of the deponent but which have been verified by other affidavits). 2Attached to this affidavit and marked as Exhibit ‘B’ is the original grant (or a certified copy of the original grant) issued out of this Court (where a copy, add: the original grant having been lost). 3Attached to this affidavit and marked as Exhibit ‘C’ is a statement (in Form 16-14) showing all the property owned by the deceased at the time of death remaining unadministered; that statement truly and correctly sets forth all the property of the deceased remaining unadministered showing the fair market value at the time of this application for grant. 4I will, if appointed, faithfully administer the property of the deceased by paying the just debts and distributing the residue, if any, of the estate according to law; (or in case of a will: by paying the just debts and the legacies contained in the will and codicils, if any, so far as the same will thereunder extend and the law bind me and by distributing the residue according to law) and I will exhibit under oath (or affirmation) a true and perfect inventory of the estate of the deceased, and render a just and full account of my administration within two years after the grant of Letters of Administration De Bonis Non to me, or whenever required by law to do so. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of applicant) _______________________________________ Commissioner for Oaths for Saskatchewan

Affidavit of Applicant Foradministration de Bonis Non

Form 16-31 (Subrule 16-31(1)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED ADMINISTRATION BOND ______________________________________________Know all men by these presents that weof (name) ______________________________________________________________________________________, (residence) ___________________________________of ______________________________administrator, and , (name)(residence) surety, are jointly and severally bound unto a judge of the Court of Queen’s Bench for _______________________________________________ Saskatchewan at the judicial centre of _______________in the sum ofdollars, to be paid to him or her at that judicial centre, for which payment well and truly to be made, we bind ourselves and each of us for the whole, our and each of our heirs, executors and administrators, firmly by these presents. _________day of ______________________, 2_______Sealed with our seals and dated the . The condition of this obligation is such that if the above-named administrator of all the property ______________________________________________________________ (or as the case may be) of (name of deceased) __________________________________________________________________late of , deceased, (residence at time of death) ___________day of ______________________, 2________who died on or about the , do, if appointed as administrator when lawfully called on in that behalf, make or cause to be made a true and perfect inventory of all the property of the deceased, which has or shall come into the possession or knowledge of the administrator or into the possession of any other person for the administrator, and the same so made do exhibit or cause to be exhibited into the office of the local registrar of the Court of Queen’s Bench at the judicial centre of ___________________________________________________________________________________ whenever required by law to do so; and the same property, and all other property of the deceased at the time of death, which at any time after shall come into the possession of the administrator or into the possession of any other person for the administrator, do well and truly administer according to law; that is to say, do pay the debts which the deceased owed at death, * so far as such property will thereunto extend, and the law bind him or her, and all the rest and residue of the property do transfer, deliver and pay unto such persons as are by law entitled thereto; and further do make, or cause to be made, a full, true and just account of the administration within two years after the grant of Letters of Administration, or whenever required by law to do so; and if it hereafter appears that any Last Will or Testament was made by the deceased, and the executor therein named does exhibit the same to the Court, making request to have it allowed and approved accordingly, if the administrator, being so required, do render and deliver the Letters of Administration (approbation of such testament being first had and made) in the Court; then this bond to be void, but otherwise to remain in force. Signed, sealed and delivered, etc. _______________________________________________ (signature of administrator) _______________________________________________ (signature of surety) * In case the bond is given on behalf of the administrator with the will annexed, the following will be inserted where the asterisk is placed: and the legacies contained in the will annexed to the letters of administration to ________________________________committed and then proceed as in the above form. NOTICE If the application is for a limited grant (such as under a power of attorney, etc.), the condition of the bond must be in accordance with the obligation of the applicant. (See, e.g., Tristram and Coote’s Probate Practice, 19th ed, at 1138 for terms of obligations.) Legal Seal AFFIDAVIT PROVING EXECUTION OF THE BOND I, _________________________________________________________________________________, (name and residence of attesting witness of bond) make oath and say/affirm that: 1 I was personally present and did see __________________________________________________ _______________________________________________________________________________________ (names of the parties to the bond where execution was witnessed by the deponent) named in the bond, who are personally known to me to be the persons named in the bond, duly sign, execute and seal the same for the purpose named in the bond. 2 The bond was executed on the __________day of ___________________, 2 __________, and I am the attesting witness thereto. 3 I know ____________________________________________________________________________, _______________________________________________________________________________________ (names of the persons as above stated) and they are each (or he or she is) in my belief of the full age of 18 years. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of deponent) _______________________________________ Commissioner for Oaths for Saskatchewan AFFIDAVIT OF SURETY I, _________________________________________________________________________________, (name and residence of surety) make oath and say/affirm that: 1 I am one of the proposed sureties on behalf of the intended administrator of the property of ______________________________________________________________________________________, (name of deceased) deceased, in the bond named for the faithful administration of the property of the deceased. 2 I am possessed of property in Saskatchewan of the value of _____________________dollars, (name amount for which surety can justify) all my debts being first paid, and over and above any other amounts for which I am now bail, for which I am liable as surety or indorser or otherwise, and over and above all exemptions from seizure and sale under execution allowed by law. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of surety) _______________________________________ Commissioner for Oaths for Saskatchewan

Administration Bond

Form 16-34B (Subrule 16-34(1)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED AFFIDAVIT OF APPLICANT FOR RESEALING FOREIGN GRANT _________________________________________________________________________________I, , (name and residence) make oath and say/affirm that: 1Attached to this affidavit and marked as Exhibit ‘A’ is my application for resealing Letters _____________________________ Probate (or of Administration as the case may be), issued out of the (name of court) _______________________________in the estate of___________________________________of, (province or country)(name of deceased) ____________________________________________________late of , and all the allegations of (residence at time of death) fact contained in the application are true (add, if applicable: save those facts that are not within the personal knowledge of the deponent but which have been verified by other affidavits). 2The document attached to this affidavit and marked as Exhibit ‘B’ is a certified (or notarial) copy of the original Letters Probate (or of Administration as the case may be) issued to me out ____________________________________of _________________________________________of the . (name of court)(province or country) 3Attached to this affidavit and marked as Exhibit ‘C’ is a statement (in Form 16-14) showing all the property in Saskatchewan owned by the deceased at the time of death; that statement truly and correctly sets forth all the property of the deceased showing the value thereof at the time of this application for resealing foreign grant. 4I will, if Letters Probate (or of Administration) issued out of the said court are resealed, faithfully administer the property of the deceased in Saskatchewan by paying the just debts and by distributing the residue, if any, of the estate according to law (or in case of a will: by paying the just debts and the legacies contained in the will and codicils, if any, so far as the same will thereunder extend and the law bind me and by distributing the residue according to law) and I will exhibit a true and perfect inventory of the estate of the deceased and render a full and just account of my administration within two years after this grant of resealing to me or whenever required by law to do so. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of surety) _______________________________________ Commissioner for Oaths for Saskatchewan

Affidavit of Applicant for Resealing Foreign Grant

Form 16-36 (Subrule 16-36(2)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED APPLICATION IN SMALL ESTATES MEMORANDUM TO THE JUDGE This is an application without notice pursuant to section 9 of The Administration of Estates _______________________________________Act, for an order that the personal property of , (name of deceased) late of ,___________________________________________________________________________ (residence at time of death) _________________, of ______________________in Saskatchewan, be paid or delivered to, in Saskatchewan, to be disposed of as follows: ____________________________to _______________________________________ (a) (state amount)(state recipient) as payment of reasonable funeral expenses. ____________________________to _______________________________________ (b) (state amount)(state name of creditor) as payment of the debts of the deceased. ______________to _______________________________________(c) the balance of (state amount) (state names of beneficiaries or next-of-kin) All of which is respectfully submitted. ______________________________________, Saskatchewan, this ____________ __________________, 2______ . DATED at day of _______________________________________________ (signature of applicant) AFFIDAVIT OF APPLICANT I, _________________________________________________________________________________, (name and residence) make oath and say/affirm that: 1 _____________________________________________, late of ___________________________________, (name of deceased) (residence at time of death) in Saskatchewan, died at __________________________________________, in Saskatchewan, (place of death) on or about the ___________ day of ____________________, 2 _______. 2 _____________________________________________ was _____________________________________, (name of deceased) (state marital status) and the following persons may be entitled to share in the estate: (names, ages and addresses of all those persons) NAMEAGESADDRESS 3 The estate of the deceased consists of the following: (set out full particulars of all the property of the deceased showing the names and addresses of the persons in whose possession the property may be and including the value of all the property) PROPERTY NAME AND ADDRESS OF PERSON WHO POSSESSES PROPERTY VALUE 4 Funeral expenses in the amount of $ __________have been paid by ______________________ (or have not been paid and are owing to _________________________________________________). 5 As far as I have been able to ascertain, the debts of the deceased are as follows: (state the names, addresses and amount of claims of the creditors of the deceased). NAME AND ADDRESS OF CREDITORSAMOUNT CLAIMED 6 The applicant(s) is (are) of the full age of 18 years and is (are) (state the character in which the applicant claims, e.g. Official Administrator, Public Guardian and Trustee, or next of kin with a beneficial interest, and state the names and addresses of all other next of kin, with their relationship, who may have prior or equal rights to the applicant and whether any or all such persons have renounced their rights. If they have renounced, attach Form 16-26. If the applicant is a trust company, so state and indicate that the company is licensed under The Trust and Loan Corporations Act, 1997). 7 I will well and truly administer the property of the deceased by paying the funeral expenses and debts of the deceased, and by distributing or paying the residue of the property to the persons entitled to share in the estate or to the Minister of Finance, as the Court may order. 8 I will file with the local registrar of the judicial centre of _______________________________ at which this order is made, all receipts of payment or other disposition of the property of the deceased made by me. 9 I make this affidavit for the purpose of obtaining an order of this Honourable Court pursuant to section 9 of The Administration of Estates Act. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of applicant) _______________________________________ Commissioner for Oaths for Saskatchewan CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): E-mail address (if any):________________________________________

Application in Small Estates - Memorandum to the Judge

Form 16-38 (Subrule 16-38(2)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE________________________________________________ IN THE ESTATE OF____________________________________DECEASED CAVEAT ________________________________________________Let nothing be done in the estate of , (name and address of deceased) _________day of _____________________, 2________deceased, who died on or about the , ___________________________________at , and at the time of death resided in Saskatchewan (place of death) of the deceased. (show here the caveator’s relationship) The grounds on which the caveat is filed are . (name and residence of caveator) The caveator is (or who resided out of Saskatchewan, but had at the time property in Saskatchewan), unknown to _______________________________________________________________________ ______________________________________________________ ___________________________________________________________________________________ . DATED at day of ______________________________________, Saskatchewan, this ____________ __________________, 2______ _______________________________________________ (signature of caveator, or his or her lawyer) AFFIDAVIT OF CAVEATOR I, _________________________________________________________________________________, (name and address of caveator) make oath and say/affirm that: 1 I am the caveator above named. 2 The grounds recited in the caveat are true. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of caveator) _______________________________________ Commissioner for Oaths for Saskatchewan CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: ________________________________________ (set out the street address) Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): ________________________________________ or If the party is self-represented: Name of party: ________________________________________ Address for service: ________________________________________ (set out the street address) Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): ________________________________________

Caveat

Form 16-48 (Rule 16-48) NOTICE TO CREDITORS _________________________, late of _________________________________In the estate of , (name of deceased)(residence of deceased) Saskatchewan, deceased. ___________ All claims against the above estate, duly verified by statutory declaration and with particulars and valuation of security held, if any, must be sent to the undersigned before the __________________________________________.day of , 2 ___________________________________________________________ Executor (or Executor’s lawyer) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Address NOTICE This advertisement is not to exceed 5 centimetres single column space in newspaper.

Notice to Creditors

Form 16-52 (Subrule 16-52(1)) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED AFFIDAVIT VERIFYING ACCOUNTS I, _________________________________________________________________________________, (name and address of personal representative) make oath and say/affirm that: 1 I am the executor (or administrator, or administrator with will annexed, as the case may be) named in the Letters Probate (or of Administration) of the estate of ___________________, (name of deceased) late of __________________________________________________________________, deceased, (residence of deceased) granted to me by this Honourable Court on the ________day of _______________, 2 _____. 2 The following persons have received their bequests in full and have no further interest in the estate: NameAddressDescription of Bequest 3 The only persons now interested in the estate are: NameAddress all of whom are 18 years of age except: NameAddress 4 I have gathered in all the property of the deceased of which I have any knowledge, and I have paid all the debts of the deceased of which I have any knowledge. 5 I have caused to be made the following inquiries to ascertain the debts of the deceased (state whether notice to creditors has been published in accordance with section 32 of The Administration of Estates Act, or otherwise). 6 I have set forth in the statement attached to this affidavit and marked as Exhibit ‘A’ an account of my administration of the property of the deceased showing the assets and liabilities at date of death, receipts and disbursements including the amount distributed to each beneficiary, the property remaining on hand and all liabilities remaining unpaid, and the manner in which I propose to distribute the remaining assets, including the proposed amount of compensation to be paid to the executor or administrator, the amount of lawyer’s fees, and the amounts to be paid to the beneficiaries of the estate in full discharge. 7 The particulars shown in the account are true and correct in every respect and detail, and the persons to whom I propose to distribute the property are the ones lawfully entitled to receive it. 8 (Here deal with matters that require further explanation). __________________________________________________________________________________ SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature) _______________________________________ Commissioner for Oaths for Saskatchewan

Affidavit Verifying Accounts

Form 16-53 (Subrule 16-53(2)(c)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED NOTICE OF APPOINTMENT FOR EXAMINATION OF ACCOUNTS TO THE PARTIES __________________________________________________ By order of the Honourable Justice ________day of ___________, 2 _____made on the , I have been appointed to examine the ___________________________ accounts of regarding the administration of the above-noted estate. I have made an appointment to examine the accounts at the time and place shown below: _________________________________ Where: (address) _________________________________ Date: _________________________________ Time: _________________________________Before: (name of examining officer) Attached to this notice is a copy of the accounts to be examined and an affidavit verifying the accounts. _____________________________is directed: (a) to serve this notice, and the attached accounts and affidavit, on the persons specified below in the manner specified below; and (b) to file proof of service at least 2 clear days before the date set for examination. __________________________ ______________________ (name(manner of person to be served) of service) __________________________ ______________________ (name(manner of person to be served) of service) __________________________ ______________________ (name of person to be served) (manner of service) NOTICE If you have been served with this notice and fail to attend, the examination of accounts may proceed in your absence. DATED at ______________________________________, Saskatchewan, this ____________ day of __________________, 2 ______. _________________________________________ Examining Officer To : ____________________________________________ (name of lawyer or party on whom notice is served) ____________________________________________ (address of lawyer or party) New. Gaz. 3 Mar. 2017. Court Seal

Notice of Appointment for Examination of Accounts

Form 16-55 (Rule 16-55) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED CERTIFICATE OF EXAMINING OFFICER _________________________ In pursuance of the reference to me by the Honourable Justice _________________________of the accounts of the executor (or administrator) of the estate of , (name of deceased) deceased, I certify that the result of the examination of the accounts is as follows: 1The assets and liabilities of the deceased at the time of death are correctly described in the accounts. (If otherwise so state.) 2The receipts and disbursements including the amount distributed to each beneficiary, are correctly described in the accounts. (If otherwise so state.) 3The debts of the deceased that have been allowed are correctly described in the accounts and have been paid in full. (If otherwise so state, and show those unpaid.) ____________4The funeral expenses of the deceased amount to the sum of $, which have been paid in full. (If not paid state reason.) 5The real estate to which the deceased was entitled is correctly described in the accounts. (If otherwise so state.) The sale of real estate described in the accounts was made (state whether (a) under the authority of the terms of the will, or (b) by consent of the persons entitled thereto, or (c) by consent of the Public Guardian and Trustee where infants are interested, or (d) approved by the Court of Queen’s Bench the ___________day of ______________________, 2_________ 6 ). 7After giving credits and making allowances for all debits properly chargeable against the estate of the deceased the assets remaining in the hands of the executor (or administrator) _________day of _________________________, 2________as at the , are correctly described in the accounts. (If otherwise so state.) Court Seal 8 (Here report on any matter of special interest or importance as to the accounts of the applicant, or any other matter that may be of assistance to the judge.) The evidence produced on this examination consists of the accounts, the affidavit verifying the same, and the receipts (and other material if any). DATED at ______________________________________, Saskatchewan, this ____________ day of __________________, 2 ______. _________________________________________ Examining Officer

Certificate of Examining Officer

Form 16-6A (Subrule 16-6(3)) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED LETTERS PROBATE By order of the Honourable Justice __________________________________________________ made on the ______ day of ___________________, 2 ____, the Last Will and Testament (with codicil or codicils, if any) of _________________________________________________________, (name of deceased) late of ____________________________________________________________________________ (residence at time of death) who died on or about the ___________ day of __________________________, 2 __________, at ____________________________________________________________________________and (place of death) who at the time of death resided in Saskatchewan, (or resided out of Saskatchewan but had at the time property in Saskatchewan), was proved and registered in the Court of Queen’s Bench, a true copy of which Last Will and Testament (with codicil or codicils, if any) is annexed; and the administration of the estate of the deceased, and any way concerning the will (and codicil or codicils, if any) was granted by the Court to ___________________________________________________________________________, (name and residence of executor) the sole executor (or as the case may be) named in the will (or codicil), having first sworn/affirmed faithfully to administer the same by paying the just debts of the deceased, and the legacies contained in the will (and codicils, if any) so far as thereunto bound by law, and by distributing the residue (if any) of the estate according to law, and to exhibit under oath (or affirmation) a true and perfect inventory of the estate, and to render a just and full account of executorship within two years after the grant of letters probate or whenever required by law to do so. Issued this _______ day of ______________________, 2 ______. _________________________________________ Local Registrar Court Seal

Letters Probate

Form 16-6B (Subrule 16-6(3)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED LETTERS OF ADMINISTRATION WITH WILL ANNEXED _________________________________________ , late of __________________________________ (residence at time of death)(name of deceased) ___________day of __________________________, 2 __________who died on or about the , _____________________________at and who at the time of death resided in Saskatchewan, (place of death) (or resided out of Saskatchewan but had at the time property in Saskatchewan), made and ______fully executed hLast Will and Testament (with codicil or codicils, if any), and named _____________________________________________________________________in it (or them), (name and residence of executor named in will or codicil) executor of that will who refused or failed to prove the will (or named no executor in it), a true copy of which Last Will and Testament (with codicil or codicils, if any) is annexed; and __________________________________________________ by order of the Honourable Justice __________day of _____________, 2_____made on the , Letters of Administration, with the will (and codicils, if any) annexed, of all and singular the property (or as the case may be, if ___________________________grant limited) of the deceased, were granted by the Court to ___________________________________________________________________________________, (name and residence of administrator) (insert the character in which the grant is taken, and if the executor has renounced or died state it), the administrator having first sworn/affirmed faithfully to administer the same, according to the tenor of the will, by paying the just debts of the deceased, and the legacies contained in the will (and codicils if any) so far as thereunto bound by law, and by distributing the residue (if any) of the property according to law, and to exhibit under oath (or affirmation) a true and perfect inventory of the estate, and to render a just and full account of administration within two years after the grant of Letters of Administration, or whenever required by law to do so. Issued this _______ day of ______________________, 2 ______. _________________________________________ Local Registrar Court Seal

Letters of Administration with Will Annexed

Form 16-6C (Subrule 16-6(3)) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED LETTERS OF ADMINISTRATION By order of the Honourable Justice __________________________________________________ made on the _____ day of __________________, 2 _____, Letters of Administration of all and singular the property (or as the case may be, if grant limited) of _________________________________________________________________________________, (name of deceased) late of ____________________________________________________________________________ (residence at time of death) who died on or about the ___________ day of __________________________, 2 __________, at _______________________________________________________________________________, (place of death) intestate, and who at the time of death resided in Saskatchewan, (or resided out of Saskatchewan but had at the time property in Saskatchewan) were granted by the Court to ______________________________________________________________________________________, (name and residence of administrator) the widow (or as the case may be) of the intestate, the administrator having first sworn/affirmed faithfully to administer the same by paying the just debts of the deceased, and by distributing the residue (if any) of the property according to law, and to exhibit under oath (or affirmation) a true and perfect inventory of the estate, and to render a just and full account of administration within two years after the grant of Letters of Administration, or whenever required by law to do so. Issued this _______ day of ______________________, 2 ______. _________________________________________ Local Registrar Court Seal

Letters of Administration

Form 16-6D (Subrule 16-6(3)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED DOUBLE PROBATE _________________________________________ Whereas by order of the Honourable Justice _______day of_____________________, 2______, the Last Will and Testamentmade on the ____________________________________________________(with codicil or codicils if any) of , (name of deceased) ____________________________________________________________________________ late of (residence at time of death) ___________day of __________________________, 2 __________who died on or about the , _______________________________________________________________________________at , (place of death) and who at the time of death resided in Saskatchewan, (or resided out of Saskatchewan but had at the time property in Saskatchewan), was proved and registered in the Court of Queen’s Bench, a true copy of which Last Will and Testament (with codicil or codicils if any) is annexed; and the administration of the estate of the deceased, and any way concerning the will was granted by the Court to ______________________________________________________________________________________, (name and residence of original executor) one of the executors named in the will (or codicil); power being reserved of making the like grant to ______________________________________________________________________________________, (name and residence of executor now applying) the other executor named in the will, when he (or she) should apply for the same: Therefore, by order of the Honourable Justice ________________________________________ made on the ______day of ____________________, 2 _____,the will of the deceased was also proved by, and the like administration of the estate of the deceased, and in any way concerning the will, was granted to ____________________________________________________________, the executor having first sworn/affirmed faithfully to administer the same by paying the just debts of the deceased, and the legacies contained in the will (and codicils, if any) so far as to it (or them) bound by law, and by distributing the residue (if any) of the property according to law, and to exhibit under oath (or affirmation) a true and perfect inventory of the estate, and to render a just and full account of the executorship within two years after the grant of Letters Probate or whenever required by law to do so. Issued this _______ day of ______________________, 2 ______. _________________________________________ Local Registrar Court Seal

Double Probate

Form 16-6E (Subrule 16-6(4)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED NOTICE TO THE REGISTRAR OF GRANT ISSUED Notice showing particulars of a grant made in the Court of Queen’s Bench at the Judicial ________________________________________________________________________:Centre of _________________________________________________________________ Name of deceased: ___________________________________________________________________________ Late of: _____________________________________________________________________ Date of death: _____________________________________________________________________ Date of grant: ___________________________________________________________________ Nature of grant: ________________ Names and addresses of personal representatives to whom grant made: ___________________________________________________Number on registrar’s certificate: I certify that the above is a true statement of particulars relating to the grant made in this Court in respect to the estate of the above named deceased person as appears by the records in my office. ______________________________________, Saskatchewan, this ____________ day of __________________, 2______. DATED at _______________________________________________ Local Registrar

Notice to The Registrar of Grant Issued

Form 16-7 (Rule 16-7) COURT FILE NUMBER ________________________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ________________________________________________ IN THE ESTATE OF ____________________________________ DECEASED CERTIFICATE THAT NO PERSONS UNDER THE AGE OF EIGHTEEN YEARS INTERESTED This is to certify that: 1 Letters Probate (or of Administration or as the case may be) for the estate of _________________________________________________________________________________, (name of deceased) late of ____________________________________________________________________________ (residence at time of death) were granted to ___________________________________________________________________ (name and address of personal representative) by the Court of Queen’s Bench for Saskatchewan on the _____day of ___________, 2 ____. 2 As appears by the records in my office, no person under the age of 18 years is interested in the estate of the deceased. DATED at ______________________________________, Saskatchewan, this ____________ day of __________________, 2 ______. _______________________________________________ LocalRegistrar Court Seal

Certificate that No Persons Under the Age of Eighteen Years Interested

Form 16-8 (Subrule 16-8(4)) CERTIFICATE OF DEPOSIT OF WILL FOR SAFE KEEPING This is to certify that there has this day been deposited in my office for safe keeping a sealed package purporting to contain a will (or codicil), particulars of which are stated to be as follows: Name of testator: __________________________________________________________________ Residence: _________________________________________________________________________ Date of document: _________________________________________________________________ Date of deposit: ____________________________________________________________________ Names and residences of executors: _________________________________________________ DATED at ______________________________________, Saskatchewan, this ____________ day of __________________, 2 ______. _______________________________________________ Local Registrar Court Seal

Certificate of Deposit of Will for Safe Keeping

Form 16-34A (Subrule 16-34(1)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE________________________________________________ IN THE ESTATE OF____________________________________DECEASED APPLICATION FOR RESEALING FOREIGN GRANT _______________________________________________________The application of states that: (name and residence) _____________________________________________, late of ___________________________________1, (name of deceased)(place of residence) ______________________________________________, died at __________________________________in , (province or country)(place of death) ___________day of ____________________, 2_______on or about the , and had property in Saskatchewan at the time of death. 2The deceased died testate leaving a will in which the applicant was named as executor (or died leaving a will in which he or she named no executor, or in which he or she named an executor who has renounced, or has since died, as the case may be, or the deceased died intestate). 3Letters of probate (or Letters of Administration or Letters of Administration with Will Annexed as the case may be) were granted in the estate of the deceased on the ___________day ________________, 2________, by the ________________________________________________ of (name of court) ________________________ being the court having jurisdiction in testamentary matters in (province or country) where the deceased had his or her domicile at the time of death and the applicant is the executor (or adminstrator as the case may be) named therein and is of the full age of 18 years. 4The grant is still in full force and effect and the estate has not been wound up nor has the applicant been discharged by the Court (in case of administration, add: nor has the bond given to that court for the due administration of the estate been reduced, released or discharged). 5 6 7Include here paragraphs 3, 4, 5, 6, 7, 8, 13 and 14 of Form 16-11A, modified where necessary; and, in case of the resealing of a grant, with respect to immovable property in Saskatchewan include also paragraphs 2, 9, 10 and 12 of Form 16-11A. 8 9 10 11 12 _________________________ 13(In case of administration) The applicant was required by the (name of court) ________________________________________of to give security for the due administration (province or country) ________________of the estate of the deceased in the sum of dollars, and in fixing the amount of that security, the value of the estate of the deceased in Saskatchewan was included in the _________________________sum of dollars, the total known value of the estate of the deceased __________________________being dollars. 14No other application has been made in Saskatchewan for a grant of Letters Probate, or Letters of Administration, or Letters of Administration with the Will Annexed, with respect to the estate of the deceased or to have the same resealed, to the best of the applicant’s information and belief. ________________________________________________ Therefore the applicant requests that the (name of grant) ____________________________of _________________________________issued out of the in (name of court)(province or country) respect of the estate of the deceased by resealed. ______________________________________, Saskatchewan, this ____________ __________________, 2______ . DATED at day of _______________________________________________ (signature of applicant) CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________E-mail address (if any):

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