Heir or Heir-At-Law
A person who is entitled to a decedent's property according to the laws of intestate succession.
A designated amount of money given to the decedent's surviving spouse or qualifying children. This allowance has priority over all claims filed against the decedent's estate except administration costs and expenses and reasonable funeral and burial expenses. (See brochure
Disposition of Small Estates for amount based on year of death.) See Summary Proceedings Small Estates.
Individual with a Developmental Disability or "IDD"
An individual who has a severe, chronic condition that is attributable to a mental and/or physical impairment which was manifested before age 22, is likely to continue indefinitely, and results in substantial functional limitations of major life activities.
A method of opening a decedent's estate with an Application ( Form PC 558 ) with notice to interested persons, but which is not conducted before a judge. If a personal representative is requested and appointed, the estate will proceed as an unsupervised estate unless supervision is otherwise requested.
Any person "interested" in a probate matter as determined by court rule or statute. "Interested persons" include but are not limited to, heirs, devisees, creditors, and beneficiaries, depending on the type of matter. Interested persons must be notified of all relevant court proceedings.
Intestate succession or Intestacy
The law that governs the passing of a decedents property to the decedent's heirs. The law that identifies which relatives are a decedents "heirs."
A document that must be completed by the fiduciary and served on interested persons. It lists the property of an estate or protected individual that is under the management of the fiduciary. If a personal representative is completing this form, the date of death fair market value must be listed. If a conservator is filling out this form, it must list the fair market value as of the date of the qualification of the conservator. If an estate is being administered as a supervised proceeding, the personal representative must file the inventory with the court. If it is unsupervised administration, the personal representative must present the inventory to the court for determination of the gross estate fee, but it is not required that the inventory be filed. A conservator must file an inventory with the court.
Inventory Fee (aka Gross Estate Fee)
A court fee placed upon the total value of the assets in a decedent's estate at the time of death. It must be paid within 1 year of the personal representative's appointment or upon closing of the estate, whichever is earlier. For purposes of calculating the fee, any liens on real estate will be deducted from the value of the real estate
if the decedent died on or after 3/28/2013. Subtract any applicable mortgage liens before adding up the value of all assets to determine the Inventory Value. Insert that Inventory Value in our
Inventory Fee Calculator to determine the fee. Please note the court will calculate the exact fee for you. In the event of a variance the fee calculated by the court shall override the online Inventory Fee Calculator.
Gross Estate Fee.
Judge On-Line is a service offered as an alternative to face-to-face court hearings. It is designed especially for scheduling, status, pretrial and settlement conferences, as well as motion hearings and other court proceedings at the discretion of the presiding judge. Parties and attorneys may appear for these court events from work, home, and while on vacation for a non-refundable $30 convenience fee.
The authority of the court to hear certain types of matters.