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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
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