If a probate estate is over $40,000 and no full estate (independent or supervised) is opened within one year of the date of decedent’s death, you will likely have to probate the assets through a process called “Determination of Heirship.”
The court may grant a petition for Determination of Heirship if the following conditions are met:
- The petition cannot be filed until one year after decedent’s death.
- No prior estate administration was completed and no Will was admitted to probate.
- The petition must be set for hearing and all interested parties given notice.
- Evidence regarding the probate assets and heirship must be provided to the probate court at the hearing.