Notice Of Hearing On Application For Attorney Fees Page 36
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52filed only and need not be admitted to probate. If the Will is admitted to probate, an
application for an order relieving the estate from administration may be filed in lieu of
the appointment of the executor named in the Will. If probate of the Will is denied, an
application for an order relieving the estate from administration may be granted and
distribution made under the laws of intestate succession. Where no heirs are known to
the applicant, the court shall set the application for hearing not less than three weeks from
the date of such filing and shall require publication.
When an application to relieve an estate from administration has been filed, at
least five days notice in writing of the hearing on the application shall be given to the
surviving spouse, heirs at law and creditors of said estate unless notices are waived or
found unnecessary.
COMMISSIONER’S COMPENSATION
Commissioner’s compensation shall be set by the Court on a case-by-case basis
upon application to the Court.
RULE 75.5
SUMMARY RELEASE FROM ADMINISTRATION
A.
A summary release from administration may be filed if: the applicant is
decedent’s surviving spouse entitled to one hundred percent (100%) of
the allowance for support and decedent’s funeral and burial expenses
have been prepaid; OR the surviving spouse has paid or is obligated in
writing to pay decedent’s funeral and burial expenses and the value of
the assets does not exceed the $40,000 allowance for support plus an
amount not exceeding $2,000 for decedent’s funeral and burial expense;
OR the applicant who is not the surviving spouse has paid or is
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