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Probate Gurus - Heirship within Probate?

Let's say T's will says, "... to my son, John." When a wi jeffm07/27/18
Off topic but if you ever have the opportunity to suggest a tigerwoods07/27/18
In my jurisdiction, you have to submit an affidavit of heirs 2tierreality07/27/18
jeffm (Jul 27, 2018 - 4:34 pm)

Let's say T's will says, "... to my son, John."

When a will expressly names the beneficiaries, we don't determine heirship, nor do we appoint an ad litem to represent the "unknown heirs." We just have the will admitted to probate.

Let's say T's will says, "... to my descendants, per stirpes."

Now, what? Is there a need to determine the heirs of T and appoint an ad litem for the unknown heirs within the proceedings to admit his will to probate?

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tigerwoods (Jul 27, 2018 - 4:37 pm)

Off topic but if you ever have the opportunity to suggest a real estate agent to anyone, think of me.

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2tierreality (Jul 27, 2018 - 5:53 pm)

In my jurisdiction, you have to submit an affidavit of heirship in both testate and intestate matters.

Typically the named executor/personal rep is also a person who has sufficient knowledge to attest as to the know heirs who are entitled to distribution. This is necessary in all testate cases, since the will could always be set aside, thus the potential heirs are entitled to notice of the probate.

I don't think you need a GAL for the unknown heirs under this circumstance. If you are truly at a loss as to whom the relevant descendants would be, there should be some sort of remedy available to provide notice to them by publication, with a cut off period for people to come forward.

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