Timeline Recap

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Timeline Recap
2011-10-14 12:14:57
Timeline Guardian probate

Timeline Recap
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  1. Claims: Dep Admin and Guardianship

    Presentment of Claims
    - creditor must file authenticated claim by affidavit with court or administrator

    - admin responds by memo w/in 30 days (if doesn't, assume rejected)

    - if court allows, paid, if disallowed (or)

    - if rejected by rep/exec, then

    = must file claim w/in 90 days or banned

    (doesn't apply to contingent suits - torts)
  2. Claims - Independent Admin
    - no need to present claim to court first - failure to present claim does not bar bringing claim

    - rep must respond w/in 60 days

    - otherwise considered denied by rep and claimant brings suit
  3. Mature Secured Claim
    - Secured Creditor Only (prob & guardianship)

    - To be paid from general estate assets, must bring w/in

    • - 6 months from appointment; or
    • - 4 months from notice

    = receive deficiency judgment
  4. Preferred Debt and Lien
    - Secured Creditor Only (prob & guardianship)

    - Didn't present claim w/in 6 /4 month limit

    - no deficiency judgment (some priority though)

    - can only look to collateral
  5. Guardianship (30 Days)
    1. inventory

    2. possession of property

    3. publish notice to creditors and file affidavit

    4. apply or monthly allowance
  6. Guardianship (4 Months)
    1. Notice to Secured Creditors (different than probate)

    2. MUST - Notice to Unsecured Creditors (may include 120 day requirement to bring suit) (in probate not required)

    3. Apply to sell certain perishable/deteriorating personal property
  7. Guardianship (6 Months)
    Invest property according to S855, or

    apply w/ court for approval of investment plan, or

    apply w/ court to for approval to eliminate duty to invest
  8. Guardianship - Annual Accounting
    w/in 60 days from anniversary of appointment

    (must be on file 10 days before hearing on it)
  9. Probate - Hearing
    Monday, 10 days from filing application
  10. Probate - Oath
    20 days from order
  11. Probate - General Notice
    1 month

    - publish notice and

    - publisher's affidavit to court

    - some newspaer, printed in coutny where letters issued
  12. Probate - Permissive Notice
    Any time, but claim barred if no response w/in 4 month from Notice
  13. Probate - Personal Notice to Secured Creditors
    2 Months

    and proof of service to court
  14. Probate - 128A Notice
    60 days

    All beneficiaries, unless waived
  15. Probate - 128A Attorney Affidavit
    90 Days from Letters
  16. Probate - Inventory
    90 Days from Letters
  17. Probate - Beneficiary Petition for Distribution
    After 2 Years
  18. Probate - Post Bond
    20 Days
  19. Probate - Notice to Charitable Beneficiary
    30 Days
  20. Probate - Beneficiary Request Accounting
    1 Year from Letters

    or is it after 15 months from probate and then every 12 months? amanda is confirming
  21. Dep Admin - Accounting
    Must file Accounting w/in 1 Year

    and each year
  22. Ind. Admin (Accounting)
    B may demand 15 months after creation of estate

    Must comply w/in 60 days

    After initial accounting, any interested person may request, but not more than every 12 months

    Any interested person may petition court for accounting and/or distribution after 2 years
  23. Trust Accounting
    Not required, unless:

    1) Beneficiary demands; or

    2) Interested party has court order

    - Must provide accounting w/in 90 days

    - not more frequently than every 12 months
  24. Citation
    • - application filed (type)
    • - name of decedent
    • - time when acted upon (Mon after 10 days)
    • - that all persons interested should appear and contest if desire
  25. 128(b) Notice
    When will can not be produced in court

    personal heirs in state

    published to out of state or unknown whereabouts