Application for letters — content.

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Effective - 28 Aug 1983

473.017. Application for letters — content. — 1. An application for letters testamentary or of administration shall state all of the following:

(1) The name, age, sex, domicile, last residence address and the fact and date of death of the decedent;

(2) The names, relationship to decedent, and residence addresses of the surviving spouse, heirs, devisees and legatees of the decedent, if any, and their birth dates, if minors; the names and addresses of the conservators of any minor or disabled heirs, legatees or spouse of the decedent, if known; and if applicant has reason to believe that there are any heirs or devisees who are mentally incapacitated or that there are other heirs or devisees but their names and addresses are unknown to him, he shall so state;

(3) The probable value of the real and personal property;

(4) If decedent had no domicile in this state, the location and the probable value of any land owned by him in this state at the time of his death, if any, and the probable value of the personal property within the state, so far as is known, which may be subject to administration in this state;

(5) If the decedent died testate and the will has not been delivered to the court, the contents of the will, either by attaching a copy of it to the petition, or, if the will is lost, destroyed or suppressed, by including a statement of the provisions of the will so far as known;

(6) The names and residence addresses of the persons, if any, named as executors;

(7) Where letters of administration on the estate of an intestate are sought, the name and residence address of the person for whom letters are prayed, and his relationship to the decedent or other facts, if any, which entitle such person to appointment;

(8) The name and address of the attorney for the applicant;

(9) That if letters are issued, the applicant will make a perfect inventory of the estate, pay the debts and legacies, if any, as far as the assets extend and the law directs, and account for and distribute or pay all assets which come into the possession of the personal representative, and perform all things required by law touching the administration of the estate;

(10) Whether the application is for supervised or independent administration.

2. After letters have been granted on an estate, the personal representative or other interested person, if the information contained in the application required by subsection 1 is not complete or is no longer correct, shall communicate in writing promptly to the clerk such facts known to him as are necessary to complete or correct the same.

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(L. 1955 p. 385 § 32, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1983 S.B. 44 & 45)


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