PETITION FOR APPOINTMENT OF SUCCESSOR PERSONAL REPRESENTATIVE

COURT INFORMATION

State of: [________________________________]

County of: [________________________________]

Court: [☐ Probate Court ☐ Surrogate's Court ☐ Superior Court ☐ Circuit Court]

Case Number: [________________________________]

IN THE MATTER OF THE ESTATE OF:

Decedent's Full Legal Name: [________________________________]

Also Known As: [________________________________]

DECEASED

I. PETITIONER INFORMATION

Name of Petitioner: [________________________________]

Relationship to Decedent: [________________________________]

Capacity of Petitioner:
☐ Successor named in Will
☐ Beneficiary under the Will
☐ Heir at law
☐ Prior Personal Representative seeking appointment of successor
☐ Other interested party: [________________________________]

Address:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___)___-____]

Email: [________________________________]

Attorney for Petitioner:
Name: [________________________________]
Bar Number: [________________________________]
Address: [________________________________]
Telephone: [(___)___-____]

II. ORIGINAL PERSONAL REPRESENTATIVE

Name: [________________________________]

Type:
☐ Executor (named in Will)
☐ Administrator
☐ Administrator with Will Annexed (C.T.A.)
☐ Special Administrator

Date of Appointment: [__/__/____]

III. REASON FOR VACANCY

The original Personal Representative is no longer serving because:

☐ Death
Date of Death: [__/__/____]
Place of Death: [________________________________]

☐ Resignation
Date of Resignation: [__/__/____]
☐ Court-approved resignation
☐ Resignation pending approval

☐ Removal by Court
Date of Removal Order: [__/__/____]
Reason for Removal: [________________________________]

☐ Incapacity
Nature of Incapacity: [________________________________]
☐ Guardianship/Conservatorship established: Case No. [________________]

☐ Disqualification
Reason: [________________________________]

☐ Refusal to Qualify
The named executor refused to qualify or failed to accept appointment.

☐ Failure to Post Bond
The Personal Representative failed to post the required bond.

☐ Other:
[________________________________]

IV. STATUS OF ESTATE ADMINISTRATION

A. Will Information

☐ Decedent died TESTATE
Date of Will: [__/__/____]
Date Admitted to Probate: [__/__/____]

☐ Decedent died INTESTATE
Date Letters of Administration Issued: [__/__/____]

B. Estate Assets

C. Administration Status

Inventory:
☐ Filed on [__/__/____]
☐ Not yet filed

Creditor Claims:
☐ Notice published - claim period expired [__/__/____]
☐ Notice published - claim period expires [__/__/____]
☐ Notice not yet published

Claims Status:
- Claims filed: [____] totaling $[____________]
- Claims paid: [____] totaling $[____________]
- Claims pending: [____] totaling $[____________]

Accountings:
☐ First accounting filed: [__/__/____]
☐ No accountings filed
☐ Accounting due: [__/__/____]

Tax Returns:
☐ Final income tax returns filed
☐ Estate income tax returns filed
☐ Federal estate tax return filed
☐ State estate/inheritance tax filed
☐ Tax returns pending

Distributions:
☐ No distributions made
☐ Preliminary distributions made: $[____________]

D. Pending Matters

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED SUCCESSOR

A. Nominee Information

Name: [________________________________]

Address:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___)___-____]

Email: [________________________________]

Relationship to Decedent: [________________________________]

Age: [____]

B. Priority and Qualification

Priority for Appointment:

☐ Named as successor executor in the Will
☐ First alternate ☐ Second alternate ☐ Other: [____]

☐ Has priority under intestate succession laws as:
☐ Surviving spouse
☐ Child
☐ Parent
☐ Sibling
☐ Other heir: [________________________________]

☐ All persons with higher priority have declined or are ineligible

Qualifications:

The proposed successor:
☐ Is 18 years of age or older
☐ Is a resident of [STATE] / Is a non-resident (if permitted)
☐ Is not incapacitated
☐ Has not been convicted of a felony (or explain): [________________________________]
☐ Is not otherwise disqualified under state law
☐ Is willing and able to serve

C. Consent to Serve

☐ A signed Consent to Serve is attached.

VI. CONSENT/WAIVER OF OTHER INTERESTED PARTIES

☐ All interested parties consent to this appointment.

☐ The following consents/waivers are attached:

☐ The following persons object to this appointment:
[________________________________]
Reason: [________________________________]

VII. BOND

Original Bond Status:
☐ No bond was required
☐ Bond of $[____________] was filed with [SURETY]
☐ Bond has been released
☐ Bond remains in effect

Successor Bond Request:

☐ Bond should be WAIVED because:
☐ The Will waives bond for successor
☐ All interested persons consent to waiver
☐ Other: [________________________________]

☐ Bond should be REQUIRED in the amount of: $[____________]

☐ Proposed Surety: [________________________________]

VIII. TYPE OF ADMINISTRATION

☐ Administration should continue as originally ordered:
☐ Independent/Unsupervised Administration
☐ Supervised Administration

☐ Administration type should be changed to:
☐ Independent/Unsupervised Administration
☐ Supervised Administration
Reason for change: [________________________________]

IX. REQUESTS

Petitioner respectfully requests that this Court:

☐ Appoint [SUCCESSOR NAME] as Successor [Executor/Administrator/Personal Representative]

☐ Issue Letters [Testamentary/of Administration D.B.N. / D.B.N.C.T.A.] to the Successor

☐ Approve the accounting of the prior Personal Representative (if applicable)

☐ Order transfer of estate assets from prior PR or their estate to successor

☐ Waive bond for the Successor

☐ Set bond in the amount of $[____________]

☐ Authorize Independent Administration

☐ Other: [________________________________]

X. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of [STATE] that:

1. I am the Petitioner in this matter.

2. I have read this Petition and know its contents.

3. The matters stated herein are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

4. The proposed Successor is qualified and willing to serve.

Executed on [DATE] at [CITY], [STATE].

_________________________________
Petitioner Signature

_________________________________
Printed Name

XI. CONSENT TO SERVE AS SUCCESSOR

I, [SUCCESSOR NAME], hereby consent to serve as Successor [Executor/Administrator/Personal Representative] of the Estate of [DECEDENT NAME], Deceased.

I understand my fiduciary duties and will faithfully perform them according to law.

_________________________________
Successor Signature

_________________________________
Printed Name

Date: [__/__/____]

NOTICE OF HEARING

A hearing on this Petition will be held:

Date: [__/__/____]
Time: [____:____ AM/PM]
Location: [________________________________]
Department/Courtroom: [________________________________]

ATTACHMENTS

☐ Certified copy of Letters of prior Personal Representative
☐ Copy of Will (showing successor nomination)
☐ Death certificate of prior PR (if applicable)
☐ Resignation of prior PR (if applicable)
☐ Removal order (if applicable)
☐ Accounting of prior PR
☐ Consent of interested parties
☐ Proposed Successor's consent to serve
☐ Proof of notice to interested parties
☐ Bond (if required)
☐ Other: [________________________________]

PROOF OF SERVICE

Notice of this Petition was served on:

TYPES OF SUCCESSOR LETTERS

END OF SUCCESSOR EXECUTOR PETITION