Williams' Probate Manual: Edition of 1914 the Jurisdiction, Law and Practice ...

4117. Letters Testamentary-Residuary Legatee. 4118.

Petition for Allowance of Foreign Will.

4119. Order for Publication-Probate of Foreign Will. 4006. Proof of Publication.

4120. Order Admitting Foreign Will.

4024. Receipt for Will.

The Consecutive Acts of An Administrator or

Executor in the Probating of An Estate

Prepared by Hon. J. M. Harris, Probate Judge of Charlevoix County

I. The party filing a petition for the administration of an estate gets an order from the court fixing the date of hearing. This order is published three weeks, and on or before the date named for hearing proof of publication, the order must be filed with the court.

2. On the day of hearing the court makes an order appointing the administrator and fixing the amount of his bond.

3. The administrator or executor then files his bond, which, after being approved, letters of administration, or letters testamentary in case of a will, are issued.

4. At that time an order is made limiting the time for the administrator to settle the estate and name appraisers.

5. At the same time a warrant and inventory should be issued and handed to the administrator, whose duty it is to inventory the estate and then hand the inventory to the appraisers to appraise it. This must be done within thirty days from the time the administrator or executor receives his letters.

6. On the day of issuing the letters, a petition should be filed asking that the claims be heard before the court or before commissioners and when this petition is filed then the court makes an order fixing the time for hearing claims.

7. At the same time of making the order a notice of hearing claims is issued and handed to the administrator. It is his duty to cause this to be published three weeks and at the end of that time file his proof of publication.

8. It is the duty of the administrator to receive all claims handed to him and file with the court on or before

the date fixed for the hearing of claims.

9. It is the duty of the administrator to examine into the claims filed and determine whether they are right or not and to contest before the court or commissioner all claims that he believes to be irregular or unjust.

After claims have been allowed it is the duty of the administrator to pay the claims within the time fixed in the order. If he has not enough money to pay them he should report to the court and have the court fix the percentage which he shall pay.

II. After his claims are paid then the administrator shall file with the court his final account and petition for its allowance.

12.

On the account being filed the court fixes a day for hearing and issues an order which must be published four weeks before the day of hearing.

13. The administrator, on or before the day of hearing, shall file the proof of publication of the order with the

court.

14. If the final account shows that there is property left then the court makes an order distributing that among the heirs or legatees. After this order is made the administrator shall pay the balance to the heirs or legatees in harmony with this order and file his receipts from the heirs with the court; then the court will enter an order discharging the administrator or executor.

If Real Estate is to be sold for any purpose then the additional proceedings are as follows:

I. Any time after the general inventory is filed the administrator or executor may file with the court a petition asking for leave to sell the real estate for reasons set forth in the petition. The court then makes an order fixing the time for hearing the petition, which order must be published and the proof filed on or before the day named for hearing.

2. On or before the day named for hearing the administrator should bring before the court two freeholders

of the county in which the property is located to testify in writing before the court to the value of the property sought to be sold.

3. On hearing the petition if the court approves he issues a license to the administrator or executor authorizing him to sell within a year the property described in the petition, or a portion of it, and fixes the amount of the bond that the administrator shall file before selling the property.

4. Upon receiving the license the administrator shall file an oath before sale and the bond to be approved by the

court.

5. When the administrator has bargained the sale he reports it to the court, to whom sold and the price.

6. After the report has been on file with the court eight days the court then makes an order confirming the sale, if no objections are made and the court approves.

7. Then a deed of the property shall be delivered by the administrator with a certified copy of the order confirming sale to the purchaser.

8. The administrator thereupon charges the moneys received by him upon the sale to himself as administrator of the estate.

This general order should be followed in the administration of estates of persons dying without will, and in estates conveyed by will.