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Unsupervised Estates

In unsupervised estates, the will is probated or the estate is opened and a personal representative is appointed by the court.  After the appointment, the personal representative is able to act without filing pleadings for the court's authority to sell real estate, personal property, cars, stock, and deal with inheritance and income taxes.  An Inventory must be prepared.  After the estate is complete, the personal representative files a closing statement to close the estate after ninety (90) days, if no objections are filed.  This does not mean that the personal representative does not have a duty to administer the estate properly.

Advantages of unsupervised estates:

  • Privacy

  • Keeps legal costs down

  • Avoids a detailed formal accounting with check copies, but does require one to be prepared

When would you use unsupervised estates:

  • When the will directs that the estate be administered as unsupervised

  • Consents can be obtained from all of the heirs or legatees under the will, which consents can be incorporated into the petition for probate or petition for issuance of letters, if the will does not direct it

  • Generally when there is only one beneficiary or the family is very close and they can work together, then no court interaction would be needed.

à Note.  All interested parties in an unsupervised estate, still have the opportunity to ask the court to convert it to a supervised administration should there be cause or suspicion to do so.

à This does not mean that the personal representative does not have a duty to get the most value for all assets and properly administer the estate.

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