Rule 92 Transfer of Type of Proceeding
Part B. Probate Proceedings | B-XII. Miscellaneous
Rule Text
When a personal representative discovers after the commencement of a proceeding that the assets of the estate are greater in amount than originally thought, and that the value of the assets thereby exceeds the proper jurisdictional amount for a small estates proceeding, the personal representative shall petition the court for change to informal, formal, or supervised proceedings. Likewise, where the assets of the estate are less than originally thought, the personal representative in his or her discretion may petition the court for change to a small estates proceeding. In the event that the notice requirements for the new procedural level are more stringent than the notice requirements originally followed, the more stringent requirement shall be satisfied prior to the court granting the petition.
Amendment history: Amended June 25, 2003, effective July 1, 2003.