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"Is your estate plan, will, or trust sufficient or deficient?"

Independent Administration without Will

1. Must prove who the “heirs” are

2. You must have evidence including testimony from disinterested witnesses about who the relatives are

3. The court will determine heirship with the help of an attorney to represent “unknown heirs”

4. All heirs must agree who the administrator should be

5. Ask court to approve for administrator to take care of things without requiring administrator to post a bond

6. Ask court for permission for administrator to take care of things independently without court supervision 

7. State law determines who beneficiaries are