RANDALL                                                                                                                                                               

        WALKER                                                                                                         ATTORNEY AT LAW

PROBATE PROCEEDINGS

Independent Administration -- $1,000 +  court costs

If there is a properly drafted will, the estate may qualify for "independent administration." This is the standard probate procedure, and may be completed in 1-3 months.

Probate of Will as a Muniment of Title -- $700 + court costs

If there is a properly drafted will and the estate has no debts (other than mortgages on real estate), the estate may qualify for this simplified procedure. This procedure may be completed in 1-3 months.

Affidavit of Heirship -- $100-300 + $10-30 county filing fee

If there is no will, there are no probate assets other than real estate, and you are willing to wait a few years before you sell the real estate, it may be possible to clear title to the property by filing an affidavit in the county deed records.

Heirship Proceeding -- ? + $200-300 court costs + ad litem fees

If there is no will and the estate is worth more than $50,000 (not including the homestead and certain non-probate assets), it may be necessary for a judge to determine who the heirs are. The judge may appoint an "attorney ad litem" to represent the interests of potential or "unknown" heirs. The exact cost depends on the number of heirs and the complexity of the estate, but is generally more expensive than probating a will. Furthermore, if property passes to minor children, it may be necessary to establish a guardianship, which can be very costly.

Small Estate Affidavit -- $300-600 + $100-200 court costs

If there is no will and the estate is worth less than $50,000 (not including the homestead and certain non-probate assets), the estate may qualify for this procedure. The cost depends on the number of heirs and the difficulty in reaching them, but is generally much less expensive than an heirship proceeding. However, if property passes to minor children, it may be necessary to establish a guardianship, which can be very costly.

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