Independent Administration I c I can do i it! What is an - - PowerPoint PPT Presentation

Independent Administration

I c I can do i it!

What is an Independent Administration?

■ Been used in Texas since 1840’s! ■ Administration without judicial supervision ■ EC 301-402 ■ Quick and easy to probate

Probate is a Civil matter – EC 53.051

• Sec. 53.051. APPLICABILITY OF CERTAIN LAWS. A law

regulating costs in ordinary civil cases applies to a probate matter when not expressly provided for in this title. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1,

• eff. January 1, 2014.

Venue

■EC 33.001 * ■County where decedent resided based on domicile or fixed place of residence ■If decedent did not have residence in Texas, then –

■Where principal estate is located at time of death ■Any county in which decedent’s nearest kin reside ■If no next of kin in Texas, then in the county in which decedent’s principal estate was located

* The clerk should take the filing and let the court make a determination of proper venue.

File – with or without money?

• Can be filed “conditionally” – case law Jamar v. Patterson 1993
• No citation is issued until filing fee is paid
• And no hearing is held
• The Court (Judge) has no jurisdiction and takes no action until citation is issued
• Suggestion – put note of brightly colored paper in front of case file OR make notes in

Case Management System to denote “conditionally filed”

Pro Se applicants –

Court policy

Records to be kept -

■ Judge’s Probate Docket – EC 52.001 ■ Claim Docket – EC 52.002 ■ Probate Fee Book – EC 52.003 ■ NOTE: the above may be kept on computer file, microfilm, digitized optical image or another similar form of data compilation EC 52.004

Rule #1

■ 1 decedent = 1 case ■ Never open another case on the same decedent!

Steps for an Independent Administration case….

■ 1) Search for a Will before issuing a case number.

A) Existing records for a case already filed B) Wills for Safekeeping (EC §252.001)

■ If there is one, make the court aware by submitting a letter to the Court (Judge) ■ Place a copy of the letter in the case file

C) C) Drop-off Wills (EC §252.201)

■ If there is one, make the court aware by submitting a letter to the Court (Judge) ■ Place a copy of the letter in the case file

Steps continued….

■2) 2) Submission shou hould i incl clude –

–Application for Independent Administration –Last Will and Testament (if there is one)

• Copy of Will can be e-Filed but not required
• Original Will must arrive in clerk’s office within 3 business days per TRCP Rule 21f

–File stamp the original Will with the date it arrives

Where there’s a will… There’s a wait!!!! 3 2 1

What do I do if Will does not arrive within 3 days?

■ Rule 21f (12) – When a party electronically files an application to probate a document as an original Will, the original Will must be filed with the clerk within 3 business days after the application is filed. – In some counties, the citation is issued when the original Will arrives. (If the

• riginal Will does not arrive within 3 business days, the filer is considered not

to be in compliance with Rule 21f and the citation is not issued.) – Notify Judge that the Will has not been filed and place a bright colored page in the folder where the Will should be.

Steps continued…

■3) Issue Citation(s) –EC 51.001-51.056 –Styled same as application –Addressed to “any Sheriff or Constable within the State of Texas” (probate & guardianship cannot be served by Private Process Server in the State of Texas – must be by Sheriff or Constable) EC §51.051(b)(1) *If there is a codicil, it must be mentioned in the citation ■Return date on citations: –Posting - 10 days –Personal service – 10 days –Service by publication – 10 days (if no newspaper, then by posting) –Service by mail – 20 days (date of service is date of mailing) Some clerk’s established a filing cut off time of 3:00pm each Thursday

Posting Chart

Service Chart

Day of Hearing….

– Judge takes testimony – Attorney presents Proof of Death aka Proof of Death and Other Facts – Judge signs Order – The Clerk or Judge gives the Oath to the Executor or Administrator EC 305.003

■ If the Oath is not presented on day of Court, it should be completed and filed within 21 days of the Order

Steps continued…

■ Once the Order is signed, Oath taken and Bond given (if a bond is ordered) – Letters Testamentary or Letters of Independent Administration can be issued. – Qualification Date - If the Oath and/or Bond is filed days after the Order is signed, use the date the last one of those is filed for your qualification date.

Issuing Letters

■ Issue letters once the applicant has qualified via oath and/or bond. ■ Issue ORIGINAL letters only! ■ EC Sec. 306.004. ISSUANCE OF ORIG IGIN INAL

• LETTERS. When an executor or administrator

has qualified in the manner required by law, the clerk of the court granting the letters testamentary or of administration shall promptly issue and deliver the letters to the executor or

• administrator. If more than one person qualifies

as executor or administrator, the clerk shall issue the letters to each person who qualifies.

Form and Content of Letters

■EC Sec. 306.005. FORM AND CONTENT OF

• LETTERS. Letters testamentary or of

administration shall be in the form of a certificate of the clerk of the court granting the letters, attested by the court's seal, that states: ■(1) the executor or administrator, as applicable, has qualified as executor or administrator in the manner required by law; ■(2) the date of the qualification; and ■(3) the name of the decedent.

Replacement & Effect of Letters

■EC Sec. 306.006. REPLACEMENT AND OTHER ADDITIONAL LETTERS. When letters testamentary or of administration have been destroyed or lost, the clerk shall issue other letters to replace the original letters, which have the same effect as the original letters. The clerk shall also issue any number of letters when requested by the person or persons who hold the letters. ■EC Sec. 306.007. EFFECT OF LETTERS OR CERTIFICATE. Letters testamentary or of administration or a certificate

• f the clerk of the court that granted the letters, under

the court's seal, indicating that the letters have been issued, is sufficient evidence of: ■(1) the appointment and qualification of the personal representative of an estate; and ■(2) the date of qualification.

Letters Testamentary

Letters of Independent Administration

Now What? Filings after Order has been signed

■Notice ce to Bene nefici ciaries EC 308.002 & 308.004 –Done by attorney/personal representative (within 60 days) and proof is filed within 90 days –Beneficiaries may sign a Waiver of Notice and that is filed with the clerk (This may also be filed with other documents (i.e., inventory

• r request for extension) provided they are timely filed.

■Inventory y & Apprai aisement EC C 309.0 9.051 –Filed within 90 days after the date the personal representative qualifies (bond/oath).

■If filed after the 90th day, charges of $25 + $2 for judge’s signature apply LGC 118.052(2)(B)(i), 118.056 & 118.101(11) An Affidavit in Lieu of Inventory may be filed (no charge) EC 309.056

–NOTE - Affidavit in Lieu of Inventory cannot be filed in Dependent Administrations EC 309.051

Ind Indep epend ndent nt Adm dminis inistrat ation/Le ion/Letters Testamentary in in a N a Nutshell

Filings after Order has been signed

■ Claims EC 355.002

– $12.00 Fee ($10.00 for claim & $2.00 for Judge’s signature) – Send letter to personal representative or attorney

File stamping

■ AG opinion JC-0323

– SUMMA MMARY While a county clerk is not expressly required by statute to file stamp the date and time an instrument arrives in the clerk’s

• ffice for filing upon receiving and accepting the instrument, the county clerk must devise some method for immediately

and accurately noting that date and time. Just as the clerk must develop a method for noting the date and time a particular instrument is delivered in person, so must the clerk develop a method for noting the date and time of delivery of an instrument that arrives in the mail.

Probate Fees – Show me the Money!

■ Filing n new P Prob

• bate Case (

(Basic Fees) $ 40. $ 40.00Cle lerk k LGC GC 118. 118.052 ( (2) 2)(A)(i) $ $ 4. 4.00 00Cita tati tion LGC GC 118. 118.052(3)(A) & & 118. 118.059 $ $ 2. 2.00 00Judge S Signature LGC 1 118.101 ( 101 (except 8 8,10& 0&13) 13) $ $ 5. 5.00 00Judicial E Education LGC GC 118. 118.052(A)(vi) & & 118. 118.064 $ $ 5. 5.00 00Records M Management LGC 118.052( 052(3) 3)(G) G) & & 118.0645 0645 $ $ 5. 5.00 00Sec ecurity F Fee ee LGC 291.008( 008(a) (se set b by C CC) $ 40. $ 40.00Judicial F Fund S Supplement GC 5 51.702( 702(a) & & 51.703( 703(a) $ 42. $ 42.00 00 Judicial S Support LGC GC 133. 133.154 $ 10. $ 10.00 00 Civ ivil il L Legal l Servic ices f for

• r I

Indig igent LGC 1 133.153( 153(a)(1) 1) $ $ 5. 5.00 00 Appella late Judic icial S l Sys ystem GC GC 22. 22.2081(b) ( (ck st statute f for your co., se set by C CC)) $ 10. $ 10.00 00 Court Recor

• rds P

Preservation ion GC 5 51.708( 708(a) $ 20. $ 20.00 00 Supplemental G Guardianship F Fee LGC GC 118. 118.052 ( (2) 2)(E) $ 30. $ 30.00 00 State E Elect ctro ronic c E-Fil ilin ing GC 5 51.851( 851(b) $ 15. $ 15.00 00 Alternate Dispute R Resolu

• lution

ion CRPC152. 152.004( 004(a) $ 90. $ 90.00 00 Pos

• stin

ing LGC GC 118. 118.131 ( (se set b by Comm. Court) $ 35. $ 35.00 00 La Law Li Library LGC GC 323. 323.023(a) (se set b by C

• Comm. C

Court) $ $ 5. 5.00 00 Judic icial & l & Cou

• urt Pers. T

Train ining GC C §101. 01.08111 08111 $363 $363.00 Tota tal

Fees continued…

■Variations on fees may include:

–Posting Fee (Sheriff Fee) LGC 118.131 set by CC –Law Library Fees LGC 323.023 –Court Reporter GC 51.601(a) –Alternative Dispute Resolution

CPRC 152.004(a)

NOT OTE: No No f fees if decedent died in combat zone while in active service or if decedent died while on active duty in law enforcement or as a firefighter EC 53.053 – 53.054

Fees continued…

■ Filing Inventory after 90 days: $27.00

■ - $25.00 – Clerk fees – LGC 118.052(2)(B)(i) & 118.056(d) ■ - $ 2.00 – Judge signature fee – LGC 118.101

Claims $ 10.00 each LGC 118.052(2)(D) & 118.058 Letters $ 2.00 each LGC 118.052(3)(D) & 118.061 Jury Fee $40.00 GC 51.604(a)(c) & RCP Rule 216

Service by Cert. Mail: Same as by Sheriff/Constable LGC 118.052(3)(F) Judge’s fee for signature on orders $2.00 LGC 118.101

Fee continued…

■Adverse Action Fees $115.00*

$40.00 Clerk fee LGC §118.052 (2)(c) $ 5.00 Courthouse Security LGC §291.008(a) set by CC $10.00 Legal Services to the Indigent LGC §133.153 (a)(1) $ 5.00 Records Management LGC §118.052(3)(G) & 118.0645 $ 20.00Supplemental Court Guard. LGC §118.052(2)(E) $ 30.00 State Electronic Filing GC §51.851 $ 5.00 Judicial Court & Personnel GC §101.08111

*add issuance & service fees as needed

■Sale of Real Property $27.00*

$25.00 Clerk fee LGC §118.052(2)(B)(v) $ 2.00 Judge’s signature fee LGC §118.101

*add issuance & service fees as needed

Fees continued…

■Copies (per pg.)$1.00 LGC §118.052(3)(C) ■To certify $5.00 LGC §118.052(3)(B)

Fees continued…

Filing Annual Account: (if Dep. Admin. goes over 15 months) $27.00

$25.00 – Clerk fees LGC 118.052(2)(B)(iv)

$ 2.00 – Judge signature fee LGC 118.101

Filing Final Account: $121.00*

$25.00 – Clerk fees – LGC 118.052(2)(B)(iv) $ 2.00 – Judge signature fee – LGC 118.101 $90.00 – Sheriff Fee - LGC 118.131 (set by CC) $ 4.00 - Issuance LGC 118.052(3)(A)

Funds held in Registry of the Court

■ Court Registry – If interest bearing account LGC 117.054

■ Keep 10% of the interest, upon disbursement

– If non interest bearing account LGC 117.055

■ Keep 5% of amount, not to exceed $50 upon disbursement

Closing an Independent Administration

• In Texas, there is no statute for re-opening an estate, therefore most Independent

Administrations are “open” forever.

• Leaving the case “open” allows for the issuance of Original Letters.
• However, if a Closing Report or Notice of Closing Estate of Affidavit to Close is

presented-

• File it
• Collect $2 for Judge’s signature (if needed)
• Executor should provide Notice of Closing to each beneficiary unless waived;

however they may request a posting

• If no objection filed within 30 days, the case is considered closed

Dependent Administration

Als lso k known as as the “M e “Mother May I I” administration o

• f an

estat ate.

What is a Dependent Administration?

• Administration of an estate WITH judicial supervision
• The Court oversees every aspect of an estate’s

administration.

• Only those duties that the Judge finds need to be

handled in the estate will be granted to the Dependent Administrator.

• An administr

trator is the one appointed by the court to complete tasks when there is no will or no executor

• r named in the will.

Dependent Administration

■ Period for Filing (EC 256.003) ■a) A will may not be admitted to probate after the fourth anniversary of the testator’s death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator’s death.

–If an Application is presented more than 4 years after death, the clerk should file it and let the court decide.

■b) Letters Testamentary may not be issued if a Will is admitted to probate after the fourth anniversary of the testator’s death, unless it is shown that the application was filed on or before the 4th anniversary of testator’s death.

When is a Dependent Administration proper?

• If decedent dies without a Will, or
• Executor named in the Will is deceased, or
• Executor named in the Will declines to serve, or
• No executor is named at all, or
• Beneficiaries are unable to agree on an administrator

■NOTE: not up to the clerk to make a legal determination if a Dependent Administration is necessary…..take what is submitted.

Steps for Dependent Administration…

■Do the A-B-C search

• A) Existing probate case
• B) Wills for safekeeping
• C) Drop-off Wills

If case already exists, file in the same case # ■Assign new case number if case does not exist on the deceased

Steps - Dependent Administration case….

■ Submission

• Application for Dependent Administration
• Last Will & Testament (if there is one)
• Original Will must arrive in clerk’s office within 3 business days per TRCP Rule 21f
• File stamp the original Will with the date it arrives

Steps

■Issue Citation(s) ■Addressed to “any Sheriff or Constable within the State of Texas”

• Posting
• Service on all heirs if Will is lost or not produced
• Court may also require additional service
• (Take direction from attorney, not up to the clerk to make judgment call on who will be served.)
• Return date
• Posting – 10 days
• Personal service – 10 days
• Service by publication – 10 days
• Service by mail – 20 days

Day of Hearing…

• Judge takes testimony
• Attorney presents Proof of Death
• Judge signs Order
• The Clerk or Judge gives the Oath to the Executor or Administrator EC 305.003
• If the Oath is not presented in Court, it should be completed and filed within 21 days of the

Order

• Bond - if Judge orders one, must be filed within 21 days of the Order EC 305.004 (there is

usually a bond in Dependent Administrations)

BOND

■ If Bond is required (common in a Dependent Administration) – it is presented the day of court but must be filed within 21 days of the Order EC 305.004

• Can be cash – put it in your Bond/Registry Account
• Keep a list of cases that you have money on
• Keep a copy of paperwork setting bond in a file
• Check this list at least once a year (or sooner) and disperse any bond

money where the case has been closed or disposed

• Get an order from the Judge to release funds back to the person who

placed the money on deposit

• Can be a “surety” – thru Insurance Agency
• Clerk will receive Surety Bond for filing
• Surety Bond goes to Judge for approval and returned to Clerk for filing
• If bond required – no letters should be issued until Administrator has

complied with the Oath and Bond requirements, including bond approval by Judge.

Letters

Filings after Order has been signed

Notice to Beneficiaries EC 308.002

• Done by attorney (within 60 days) and proof is filed within 90 days
• Beneficiaries may sign a Waiver of Notice and that is filed with the clerk
• Inventory & Appraisement EC 309.051
• Filed within 90 days after the date the personal representative qualifies (bond/oath).
• If filed after the 90th day, then charge $25 + $2 for Judge’s signature
• LGC 118.052(2)(B)(i), 118.056 & 118.101(11)
• NOT

OTE - Affidavit in Lieu of I Inventory canno nnot be e filed ed i in Dep Dependent Admi dministrations EC 309.051

Closing a Dependent Administration EC 362

• Verified Account for Final Settlement filed EC §362.003
• Contents of Account EC §362.004
• Citation/Notice issued upon Presentation of Final Account EC §362.005
• Hearing set by Judge for Final Settlement

Important!

• No Letters may be issued after an estate is closed!
• Don’t forget to release the cash bond, if one was presented.

Temporary Administration – EC 452

■ A “subset” of a Dependent Administration ■ Specific, immediate need exists! ■ May not exceed180 days unless made permanent ■ EC 452.003 ■ Appointment is interim until a Dependent or Independent Administrator is appointed – With only certain rights and powers EC 452.101 ■ The Judge must make certain findings ■ Issue citation after the hearing (by 3rd day after) EC 452.006 Letters of Temporary Admin. should list the specific powers (state exact language from the Order) EC 452.005 ■ Claims are handled the same way as in any other administration ■ Closing – Temp. Admin. must file accounting EC 452.151 & 452.152 – Post citation for final accounting – Court enters an Order to Close and release bond is applicable

Sale of Real Or Personal Property

■ EC 356.051 - 356.655 ■ Application is made ■ Issue citation to all interested parties by posting – EC 356.253

Temporary Restraining Order - TRO

■ Preserves the status quo and “freezes” everything until a hearing can be held ■ Petition for TRO is submitted ■ Judge grants ■ Issue for personal service ■ Attach petition to the TRO

Removal w without ut notice

■ EC 404.003REMOVAL OF INDEPENDENT EXECUTOR WITHOUT NOTICE. The probate court, on the court's own motion or on the motion of any interested person, and without notice, may remove an independent executor appointed under this subtitle when: ■ (1) the independent executor cannot be served with notice or other processes because: ■ (A) the independent executor's whereabouts are unknown; ■ (B) the independent executor is eluding service; or ■ (C) the independent executor is a nonresident of this state without a designated resident agent; or

Removal of Executor or Administrator

EC 404.003 – 404.0036

Removal of Executor or Administrator EC 404.003 – 404.0036 (cont.)

■ (2) sufficient grounds appear to support a belief that the independent executor has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the independent executor's care. ■ If service is requested, serve –

– Executor/Administrator – Attorney – Bonding company (if there is one)

Removal with notice

■

• Sec. 404.0035. REMOVAL OF INDEPENDENT EXECUTOR WITH NOTICE. (a) The

probate court, on the court's own motion, may remove an independent executor appointed under this subtitle after providing 30 days' written notice of the court's intention to the independent executor, requiring answering at a time and place set in the notice, by certified mail, return receipt requested, to the independent executor's last known address and to the last known address of the independent executor's attorney of record, if the independent executor: ■ (1) neglects to qualify in the manner and time required by law; ■ (2) fails to return, before the 91st day after the date the independent executor qualifies, either an inventory of the estate property and a list of claims that have come to the independent executor's knowledge or an affidavit in lieu of the inventory, appraisement, and list of claims, unless that deadline is extended by court order; or

Removal with notice

■ (3) fails to timely file the affidavit or certificate required by Section 308.004. ■ (b) The probate court, on its own motion or on motion of any interested person, after the independent executor has been cited by personal service to answer at a time and place set in the notice, may remove an independent executor when: ■ (1) the independent executor fails to make an accounting which is required by law to be made; ■ (2) the independent executor is proved to have been guilty of gross misconduct or gross mismanagement in the performance of the independent executor's duties;

Removal with notice

■ (3) the independent executor becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes legally incapacitated from properly performing the independent executor's fiduciary duties; or ■ (4) the independent executor becomes incapable of properly performing the independent executor's fiduciary duties due to a material conflict of interest. ■ If service requested – serve: ■ Executor/Administrator ■ Attorney ■ Bonding Company (if any)

You’re Out!!!!

Resources

■ Estates Code ■ Local Government Code ■ Government Code ■ Rules of Civil Procedure ■ Supreme Court of Texas website – http://www.txcourts.gov/supreme ■ Office of Court Administration website – http://www.txcourts.gov/

Court is asked to determine the heirs of the decedent and who will

• inherit. It’s all “relative”.

Determination of Heirship

Determination of Heirship…

 Estates Code Section 202 (EC)  Usually when there is no Will OR the valid Will does not dispose of the Decedent’s

entire estate

 The Court determines heirs  Determination of Heirship is usually granted before Independent or Dependent

Administrator is appointed but may come at any time during proceedings

 Should be presented within 4 years of testator’s death

(EC 202.006)

Steps….

 Application to Determine Heirship is filed

 Space may be provided in the Application for Appointment of an Attorney Ad Litem  The Court shall appoint an Attorney ad Litem (EC 202.009)  A separate Motion & Order to Appoint Attorney ad Litem can be filed  The Applicant may be required to deposit funds to cover cost of Attorney ad Litem  Bastrop County Clerk sends letter notifying Attorney ad Litem of appointment along

with copy of proceedings filed

Steps….

 Issue Posting and Citation by Publication and any others by personal service that are

requested (EC 202.051-202.055)

 Service may be waived by certain distributees by filing a Waiver, however heirs 12-18

years of age cannot execute a Waiver

Day of Hearing

 Judge swears in parties and takes testimony  There may or may not be a Judgment Declaring Heirship or Judgment Declaring may be

combined with an Order for Administration

 Filings may end with Determination of Heirship or go into an Administration (Independent or

Dependent)

 Attorney ad Litem is awarded a fee and normally discharged of their duties. If their fee is greater

than $1000, they must submit number of hours billed and amount of expenses billed so it can be reported to OCA on Appointments & Fees Report

 Judgment Declaring Heirship must state: names of heirs of decedent, respective shares & interests

in decedents property, if any proof is deficient, must state the deficiency (EC 202.201)

 Once administration is ordered, Letters may be issued

Late Bloomer…

Sale of Real Or Personal Property

 Estates Code 356.051 - 356.655  Application is made  Issue citation to all interested parties by posting

(EC 356.253)

Temporary Restraining Order - TRO

 Preserves the status quo and “freezes” everything until a hearing can be held  Petition for TRO is submitted  Judge grants  Issue for personal service  Attach petition to the TRO

Temporary Restraining Order

Posting Chart

 See Appendix A

Service Chart

 See Appendix B

Funds held in Registry of the Court

 Court Registry

 If interest bearing account

LGC 117.054

 Keep 10% of the interest, upon disbursement

 If non-interest bearing account

LGC 117.055

 Keep 5% of amount, not to exceed $50 upon disbursement

Robert Lanier Heirship, Potter County

 Potter County recently had an interesting Determination of Heirship &

Administration case:

 Nashville songwriter, Robert Lanier, lived/died in Amarillo, 54 years old, never

married, no children. Temporary Administration case filed on 10/30/17 to contract for private autopsy & dispose of body

 Mother & Father deceased  Brother deceased  Half-sister deceased having no children  Known heirs: 2 cousins

Lanier Heirship continued

 11/27/17 Attorney ad Litem appointed. Filed his answer 12/5/17. Reported

decedent’s brother was married, had a son, divorced. Whereabouts of nephew are unknown.

 1/11/18 Order Granting Letters of Administration  2/15/18 Inventory filed, estimated value $1,373,115.44!!  8/15/18 Private Investigator hired to find nephew. Ad Litem requests when found

the nephew submit to genetic testing based on the assertion that “it was not evidence that James Don Lanier was recognized as a member of the Lanier family.”

Lanier Heirship continued

 10/23/18 Response of James Don Lanier to Motion for Genetic Testing filed.

Copy of birth certificate, marriage license of parents and divorce decree filed with Response

 1/30/19 Order Denying Motion for Genetic Testing signed  2/26/19 FINALLY Judgment Declaring Heirship signed finding James Don Lanier

(age 30) as the sole heir of the Estate of Robert Lanier, Deceased and his share of the Real & Personal Property is 100% of the almost $2 million in the Estate!!

Klaus Koop Heirship, Bastrop County

 Klaus Koop, 69 year old widower, died in his home in rural Bastrop County. He

was a volunteer with Family Eldercare, a 501(C)(3) organization. He named them as a beneficiary on his brokerage account with Tejas Securities Group and told them he named them as beneficiary of his Will. Wife deceased, no children. No Will found.

 7/11/2000 Application for Administration filed  8/8/2000 Order Appointing Family Eldercare as Dependent Administrator  8/8/2000 Order Authorizing cremation of remains

Koop Heirship continued

 11/9/2000 Amended Application to include Determination of Heirship  11/9/2000 Inventory filed: 10 acres and Bank Account with estimated Estate value

• f $138,425.

 11/15/2000 Order Appointing Attorney ad Litem  5/7/2001 Answer of Attorney ad Litem  6/29/2001 Application for Sale of Real & Personal Property  7/5/2001 Notice of Appearance of 3 interested parties  8/15/2001 Notice of Appearance of 9 additional parties

Koop Heirship continued

 2001- 2004 Various documents filed including Annual Accounts  4/23/2003 Motion/Order Appointing Substitute Ad Litem (Original ad Litem

was elected as District Attorney)

 5/7/2003Appl. To Determine Heirship filed by attorney for 12 alleged heirs  3/15/2004 Application to Hire Private Investigator  5/7/2004 Affidavit filed by Private Investigator  5/7/2004 FINALLY Judgment Declaring Heirship finding 12 heirs from Germany

& California are the legal heirs of decedent

Koop Heirship continued

 5/28/04 Order to pay expenses, Distribution & Closing of Estate & Discharge of

Attorney ad Litem and Personal Representative

 6/18/2004 Receipt & Release filed by attorney for heirs stating he received

$74,713.47 and photographs & personal property to distribute to his clients

 116 documents filed between 7/11/2000 & 6/18/2004

Almost 5 years!!!