Section 1304. Summary procedure 1  


Latest version.
  • When available.  No waiting period after the death of the decedent
      is required.
        The  procedure  prescribed  in  this  article  may  be  used after the
      decedent's death.
        2.  Bond.  The voluntary administrator need not give a bond.
        3.  Affidavit.  A person may qualify as a voluntary  administrator  by
      making  and  filing  with  the  clerk  of  the  court  of the decedent's
      domicile, or in the case of a non-domiciliary, of the  county  in  which
      his  personal  property is located, an affidavit in the form provided by
      the Official Forms appended to this act, and also a  certified  copy  of
      the death certificate of the decedent.
        4.  Record. The clerk shall file the affidavit and assign it a number.
      The clerk shall enter each such proceeding in the records and indexes of
      the court. The clerk shall charge a fee of $1 for filing the  affidavit.
      No  order of the court or other proceeding shall be necessary. The clerk
      shall mail to each distributee who has not renounced his or her right to
      act and to each beneficiary mentioned in the affidavit  other  than  the
      affiant,  a  letter  or  postcard  notice  of  the proceeding under this
      article. The giving of such notice is not jurisdictional.
        5.  Furnishing  evidence  of  qualification  and  authority.  A  short
      certificate   of   the   court  showing  the  filing  by  the  voluntary
      administrator of the required affidavit, shall evidence his, her or  its
      qualification  and  authority  to  act.    The clerk may indicate on the
      certificate that it is valid only  for  a  transfer  or  transaction  as
      specified   thereon.   The   voluntary  administrator  shall  deliver  a
      certificate to each debtor, transfer agent, safe deposit company,  bank,
      trust  company  or other person holding or having custody, possession or
      control of any personal property of the  decedent  which  the  voluntary
      administrator  seeks  to  reduce  to  possession or otherwise affect the
      title thereof.