Estates

Types of Estate Filings

Full Administration:  Refers to the process where a decedent's assets are collected and then properly distributed to the appropriate heirs, beneficiaries, and creditors. This process takes place through the Probate Court. You MUST have the original Last Will and Testament (if applicable), a certified copy of the Death Certificate at the time of filing. It is also suggested that a copy of the obituary be provided as well. 

Release from Administration:  Is allowed when the assets to be transferred of the deceased's estate is below court set limits. Where there is a surviving spouse, and the assets are under $100,000, or where there is no surviving spouse and the assets are under $35,000 the court permits this shorter procedure. You MUST have the original Last Will and Testament (if applicable), a certified copy of the Death Certificate and a copy of the funeral bill/burial expense (if applicable) at the time of filing. It is also suggested that a copy of the obituary be provided as well.

Summary Release:   There are two instances where you can apply for summary release from administration:

1. You are the surviving spouse of the deceased person and you are entitled to 100% of the allowance for support AND the funeral/burial expenses were prepaid or you as the surviving spouse paid or are obligated to pay the funeral/burial expenses. Also, the value of the estate must not exceed $40,000 plus up to $5,000 in funeral expenses paid or owed by the surviving spouse.
2. You are NOT the surviving spouse, paid/obligated to pay for the deceased person's funeral/burial expenses AND the value of the assets or funeral/burial expenses is $5,000 or less.

In both of these instances, you MUST have a certified copy of the Death Certificate and a copy of the funeral bill and/or receipt of the paid funeral/burial expense at the time of your filing. It is also suggested that a copy of the obituary be provided as well.

Probate of Will:  Is a court-supervised legal process that may be required after someone dies. Its purpose is to make sure the deceased person's debts and taxes are paid and that assets are transferred to the people who are entitled to inherit them.

Release of Medical Records: Anyone who is eligible to be appointed as the Executor/Administrator/Commissioner of an estate may file. There is no estate administration necessary to file the application. Although the intention must be notated on Form 29.2 after the receipt of the medical records. To speed up the process, waivers from the parties listed on Form 1.0 are highly suggested. The filing fee is $63 and an additional $5 will be required upon the filing of Form 29.2.

PLEASE NOTE: CUT OFF TIME FOR FILING IS 3:45 P.M.

IF YOU ARE NOT AN ATTORNEY, FILING FEES AND COURT COSTS ARE ONLY ACCEPTED IN CASH, MONEY ORDER OR CERTIFIED CHECK.