Unanimous Heir Selection
The heirs may unanimously select the person who will serve.
If all the heirs agree on who should be the Administrator, then fill in that person's name on page 1 (Part 2) and on page 4 of the Standard Form #3. Also all the heirs must sign the "Selection by Heirs" portion on page 4 of Standard Form #3.
If the heirs live in different places, you may make several copies of page 4 and have each heir sign a copy and have the signature notarized and file all the separate copies.
If the heirs can't agree on who should serve, the Probate Court will choose the Administrator. In making this selection, the Probate Court will consider, but is not required to choose, the decedent's:
- 1 person selected by a majority of the heirs
- Other eligible persons
Even if the heirs cannot agree unanimously, the person who files the petition can fill in a suggested name on page 1 of Standard Form #3, but the Probate Court is not required to appoint that person.
Notice of Petition for Appointment
Notice must be mailed to all of the heirs whose addresses are known. Alternatively, the heirs may waive notice by filing a written and notarized Acknowledgement of Service and waiver (page 4 of Standard Form #3).
Also, notice must be published in the county newspaper if either:
- (A) The identities or addresses of any heirs are not known
- (B) The heirs have consented to a waiver of bond and / or a grant of powers
Check the appropriate paragraph on page 4 (Part 5) of Standard Form #3. If publication is required, the Probate Court will handle the publication process.
Minors or Incapacitated Adults
If there are heirs who are minors or incapacitated adults, or who are unknown or whose addresses are unknown, a guardian ad litem must be appointed.