Petition for Appointment of Personal Representative Template

[Name of Court]

[County / District]

[State]

In the Matter of the Estate of:

[Decedent Full Name], Deceased

Case No.: [Case Number, if known]

PETITION FOR APPOINTMENT OF PERSONAL REPRESENTATIVE

1. Petitioner Information

Petitioner Name: [Full Name]

Address: [Street Address]

City, State, ZIP Code: [City, State, ZIP Code]

Phone Number: [Phone Number]

Email Address: [Email Address]

Petitioner’s relationship to the decedent:

[Named Executor / Spouse / Child / Heir / Beneficiary / Creditor / Other Interested Person]

2. Decedent Information

The decedent is:

Full Name: [Decedent Full Name]

Date of Death: [Date of Death]

Age at Death: [Age, if known]

Last Residence Address: [Address]

County and State of Residence: [County, State]

The decedent died:

☐ With a will

☐ Without a will

☐ With a will that is attached or will be filed separately

3. Jurisdiction and Venue

This court is the proper court for this proceeding because:

☐ The decedent resided in this county at the time of death

☐ The decedent owned property in this county

☐ Another lawful basis applies: [Describe]

4. Will Information

Complete this section if a will exists.

Date of Will: [Date]

Date of Codicil, if any: [Date]

The original will:

☐ Is attached to this petition

☐ Has been filed with the court separately

☐ Is unavailable, as explained below

Explanation, if needed:

[Explain]

The will names the following person as executor or personal representative, if applicable:

[Full Name]

5. Proposed Personal Representative

Petitioner asks the court to appoint the following person as personal representative of the estate:

Name: [Full Name]

Address: [Street Address]

City, State, ZIP Code: [City, State, ZIP Code]

Phone Number: [Phone Number]

Email Address: [Email Address]

Requested appointment:

☐ Executor

☐ Administrator

☐ Administrator with will annexed

☐ Special administrator

☐ Other: [Describe]

The proposed personal representative is qualified to serve because:

[Describe basis for qualification, priority, nomination, or consent]

6. Interested Persons

The following persons are heirs, devisees, beneficiaries, nominated fiduciaries, or other interested persons entitled to notice, if known:

Name: [Full Name]

Relationship to Decedent: [Relationship]

Address: [Address]

Add additional persons if needed.

7. Estate Information

To the best of petitioner’s knowledge, the estate includes the following property or categories of property:

☐ Real property

☐ Bank accounts

☐ Investment accounts

☐ Vehicles

☐ Personal property

☐ Business interests

☐ Insurance or benefits payable to the estate

☐ Other: [Describe]

General description of known estate assets:

[Describe assets]

Estimated value of the estate, if known:

[Estimated Amount or “Unknown at this time”]

8. Need for Appointment

Appointment of a personal representative is needed for the following reasons:

[Describe why court authority is required]

The estate may require the personal representative to:

• collect and protect estate property;

• identify and address debts, expenses, and claims;

• manage estate assets during administration;

• deal with banks, title holders, insurers, and other third parties; and

• distribute the estate according to the will or applicable law.

collect and protect estate property;

identify and address debts, expenses, and claims;

manage estate assets during administration;

deal with banks, title holders, insurers, and other third parties; and

distribute the estate according to the will or applicable law.

9. Priority and Consent

The proposed personal representative has the following priority or basis for appointment:

☐ Named in the will

☐ Surviving spouse

☐ Heir with statutory priority

☐ Nominated by persons with higher priority

☐ Other lawful basis: [Describe]

Any renunciations, waivers, nominations, or consents relating to appointment are:

☐ Attached

☐ Will be filed separately

☐ Not applicable

☐ Explained here: [Explain]

10. Bond

As to bond for the proposed personal representative:

☐ Bond is not required under the will

☐ Bond is waived by law or consent, if permitted

☐ Bond should be waived for the following reason: [Explain]

☒ Bond should be required in the amount of: [Amount]

☐ Petitioner requests that the court determine bond as appropriate

11. Notice

Petitioner will provide notice of this petition, and of any hearing, to all persons entitled to notice under applicable law and court procedure.

Notice will be provided to:

☐ Heirs

☐ Devisees or beneficiaries

☐ Nominated fiduciaries

☐ Creditors, if required

☐ Other interested persons, if required

12. Additional Requests

Petitioner further requests the following, if applicable:

☐ Admission of will to probate

☐ Issuance of Letters Testamentary

☐ Issuance of Letters of Administration

☐ Issuance of Letters of Administration with Will Annexed

☐ Authority to administer the estate with full powers allowed by law

☐ Limited authority as follows: [Describe]

☐ Other relief: [Describe]

13. Statements of Petitioner

Petitioner states that, to the best of petitioner’s knowledge:

• the facts in this petition are true and correct;

• the proposed personal representative is not disqualified from serving;

• the proposed appointment is in the best interests of the estate; and

• no other person has a superior right to appointment except as disclosed below.

the facts in this petition are true and correct;

the proposed personal representative is not disqualified from serving;

the proposed appointment is in the best interests of the estate; and

no other person has a superior right to appointment except as disclosed below.

Any competing claim, objection, or issue concerning appointment is as follows:

[Describe or write “None known”]

14. Request for Relief

Petitioner respectfully asks the court to:

1. appoint [Proposed Personal Representative Full Name] as personal representative of the estate of [Decedent Full Name];

2. admit the will to probate, if applicable;

3. issue the appropriate letters or other authority to act;

4. set or waive bond as the court finds proper; and

5. grant any further relief the court finds just and proper.

appoint [Proposed Personal Representative Full Name] as personal representative of the estate of [Decedent Full Name];

admit the will to probate, if applicable;

issue the appropriate letters or other authority to act;

set or waive bond as the court finds proper; and

grant any further relief the court finds just and proper.

15. Declaration and Signature

I declare under penalty of perjury under the laws of [State] that the statements in this Petition for Appointment of Personal Representative are true and correct to the best of my knowledge.

Date: [Date]

Signature: __________________________

Name: [Petitioner Full Name]

16. Acceptance by Proposed Personal Representative

I, [Proposed Personal Representative Full Name], state that I am willing to serve as personal representative if appointed by the court and will perform the duties required by law and court order.

Signature: __________________________

Name: [Proposed Personal Representative Full Name]

Date: [Date]

17. Attorney Information, if Any

Attorney Name: [Attorney Full Name]

Bar Number: [Bar Number, if applicable]

Law Firm: [Law Firm Name]

Address: [Street Address]

Phone Number: [Phone Number]

Email Address: [Email Address]

Attorney for: [Petitioner / Proposed Personal Representative / Other]

18. Optional Attachment List

Attach supporting documents if needed:

☐ Certified copy of death certificate

☐ Original will

☐ Codicil

☐ Renunciation or waiver of priority

☐ Consent to appointment

☐ Notice documents

☐ Proposed order

☐ Bond information

☐ Other: [Describe]