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tax issues, the size of the estate, claims, and the need to have a judge determine or decide issues
such as disputed claims, the validity of a will, the meaning of the terms of a will, or who are the heirs.
You should determine if the decedent died testate (with a Last Will and Testament) or intestate
(without a Will). You must make a diligent search for a Will and/or Codicil of the decedent. If, after a
diligent search, you do not find a Will, it may be that the decedent has left no Will and any estate
administration must be done intestate (without a Will).
If the decedent has not advised you where his or her original Will can be located, some places to
search might include a safe deposit box in the decedent's bank; the safe, or firebox at the decedent’s
home, or wherever the decedent kept his or her other important papers. Sometimes the original Will may
be found in the Office of Register in Probate where a decedent deposited it for “safekeeping” before his
or her death. Not all counties, however, allow such deposits for “safekeeping.” Sometimes, the original
Will may be in the possession of the attorney who drafted it. There may also be an original Codicil or
Codicils that modify the Will.
Make a list of the heirs under the statutes, see Intestate Succession Chart. Then, if there is a Will
(including any Codicils), make a list of the beneficiaries (those named in the Will and Codicils).
Make a list of all assets in which the decedent had an interest. Include real estate and all personal
property (i.e. cash, CD's, stocks, bonds, vehicles, machinery, promissory notes, etc.). The list should
include the estimated value of each asset and how each asset is owned (i.e. solely, jointly, marital,
payable at death, etc.). If you are not able to obtain all this information because the assets are solely
owned, just make the best list you can for now; the exact details can be resolved later.
You are now ready to determine the type of estate administration procedure required to settle the final
affairs of the decedent. Choosing the right procedure is very important. You are encouraged to discuss
the decedent's Will, the working relationship among the heirs and/or beneficiaries and the decedent's
asset situation, as determined above, with an attorney.
If it appears that informal estate administration is the preferred procedure, read on.