This procedure requires notice to all heirs. A surviving
spouse or sole heir is entitled to serve as Administrator, unless
disqualified; otherwise, the person selected by a majority of
the heirs is entitled to serve, unless disqualified. Administrators
must post bond and file inventories and returns, unless all
heirs consent to a waiver of those requirements. If all
heirs consent, the Administrator may be given additional powers
Guardians of minor or incapacitated adult
heirs may acknowledge service, consent to selection and consent to
waive requirements, provided the guardian is not the petitioner.
Probate: The court procedure
by which a Will is proved to be the valid last Will and Testament
of a decedent; also commonly used to refer to the legal process of
administering a decedents estate.
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Years Support: This proceeding
may be filed only by a surviving spouse or for minor children of the
decedent. The petition asks that specified property be
awarded to the spouse and/or children. Notice must be given
to all "interested persons." Property awarded as year's support
is free of all unsecured debts of the estate and takes precedence
over any disposition by Will. The lien of certain ad valorem
taxes on real estate is divested by the award of the property as years’
Administrator: The person
who administers a decedent’s estate when there is no will.
Administrator with Will annexed:
The person, other than an Executor, who administers a decedent’s estate
when there is a Will (the Will fails to name an Executor or the named
Executor cannot or will not serve).
Decedent: The deceased person.
Executor: The person who administers
a decedents estate when there is a Will.
Heirs: Those persons who would
inherit the estate of a decedent if there were no Will under rules
of descent and distribution. “Heir” does not mean the same thing as
“beneficiary”, although an heir may also be a beneficiary.
Intestate: Without a Will.
Letters Testamentary/ Letters of Administration:
The official document issued by the Probate Court evidencing the authority
of an executor of an administrator.
Testator: A person who has
made a Will.