Are there different types of proceedings that can be filed depending on the size of the estate?

There are three basic types of proceedings for administering the decedent’s estate:

Formal Administration

This type of proceeding is used when it is necessary to appoint a personal representative to act on behalf of the estate because there are considerable assets, debts, or other special circumstances. The capacity in which the representative will act is determined by the court at the time of the appointment and letters of administration will be issued to the representative so that he/she may complete the administration of the estate.

Summary Administration

Summary administration may be filed when the value of the entire estate, excluding exemptions, does not exceed $75,000.

Disposition of Personal Property Without Administration

The disposition is filed to request the release of assets of the deceased to the person who paid the final expense, such as funeral bills or medical bills for the last 60 days. This procedure may be accomplished with the filing of an informal application. The form required to file the disposition is available from the Clerk of Circuit Court in the Probate Department, and upon request, the deputy clerk can assist the applicant in the preparation of the application. The estate cannot include real property.

Show All Answers

1. What is probate?
2. What is a will, and when and where should it be filed?
3. Do you need an attorney to deposit a will?
4. Are there different types of proceedings that can be filed depending on the size of the estate?
5. What happens if a person dies and has left no will?
6. What happens if there is a will filed but no personal representative has been named?
7. How are probate proceedings initiated?
8. What type of paperwork must accompany the form for filing a disposition of personal property without administration?
9. What happens after this information is filed with the Clerk?