IN THE
SUPREME COURT OF THE REPUBLIC OF PALAU
TRIAL DIVISION
________________________
IN RE THE ESTATE OF :
[DECEDENT],
:
:
Deceased
:
:
________________________:
:
[NAME OF PET.],
:
:
Petitioner
:
:
________________________:
CIVIL ACTION NO.
PETITION TO OPEN THE ESTATE OF
[NAME OF DECEDENT]
Petitioner [Name of Petitioner] petitions to open an Estate for the Decedent, [Name of
Decedent], and transfer ownership of his/her property.
1.
Petitioner is the [Relationship to Decedent] of the Decedent. See Exh. _ [Attach
birth or marriage certificate or other relevant document, if available.]
2.
Decedent was born on [Date of Birth] and died on [Date on Death Certificate] at
[Location]. See Exh. _ [Attach Death Certificate].
3.
Decedent, at the time of his/her death, left the following properties:
[List each property separately. First, real property then personal property. If real
properties are listed, attach Determination of Ownership, Certificate of Title or
other documentation, which reflects that the property, or a portion of it, belonged
to Decedent. If other personal property is listed (e.g. bank accounts, boats, cars,
stocks) put in as much identifying information as possible, and attach any
documentation which reflects that the personal property belonged to Decedent.]
4.
The total value of these properties is not known, but is believed to be
approximately $ [Approximate value of Decedent’s property].
Petitioner cannot readily obtain possession of Decedent’s properties and assets
5.
without a Court order to transfer these properties to the Petitioner.
6.
Petitioner is/is not aware of a will.1
7.
Petitioner knows of the following debts, which Decedent maintained at the time
of his/her death:
[List each debt separately. Put in as much identifying information as possible,
and attach any documentation which reflects the amount that remains owing and
the creditor.]
OR
7.
Petitioner is not aware of any debts in the name of the Decedent, but promises to
resolve any of Decedent’s valid, outstanding debts from the assets of the Estate,
and equitably distribute any remaining assets to the heirs.
8.
The names and addresses of the surviving potential heirs of the Decedent are as
follows:
[List known potential heirs (including children, spouse, siblings, parents and
maternal uncles, if any) individually, along with their contact information, and
relationship to the Decedent].
WHEREFORE, Petitioner respectfully requests that the Court issue an order appointing
Petitioner administrator, and directing that:
- Decedent’s debts to [List known debts] be repaid from the assets of the Estate.
- Decedent’s remaining assets be transferred to [List Heirs that Petitioner thinks should
1
25 P.N.C. § 101 et seq. sets out the requirements for court-enforceable wills.
receive real or personal property].
- [If real property is transferred and the Land Court has already issued a Determination of
Ownership or Certificate of Title to that property] The Land Court issue an updated
Determination of Ownership or Certificate of Title to reflect that Decedent’s interest in
Cadastral Lot No. [List the number(s)] has been transferred to [List the name(s) of the
person(s) who should receive Decedent’s interest in each piece of real property].2
- [If personal property is transferred, list the property individually and to whom each
individual piece of property should be transferred].3
- Petitioner take any action, including the collection of income and expending of Estate
funds, as reasonably necessary to preserve, maintain, operate and protect the assets of the
Estate.
2
When disposing of real property, Petitioner must comply with the dictates of 25 P.N.C. § 301
and 39 P.N.C. § 403.
3
107, 201.
When disposing of personal property, Petitioner must comply with the dictates of 25 P.N.C. §§
I, [Name of Petitioner], being first duly sworn under oath, state that I have read the above
Petition to settle the Estate of [Name of Decedent], and I hereby verify that its contents are true
to the best of my knowledge.
Dated:
Respectfully Submitted,
[Signature of Petitioner
NAME OF PETITIONER
Local Address
Tel. No.]
Subscribed and sworn before me on the ___________,
[Signature of Notary Public]
Notary Public
IN THE
SUPREME COURT OF THE REPUBLIC OF PALAU
TRIAL DIVISION
________________________
IN RE THE ESTATE OF :
[DECEDENT],
:
:
Deceased
:
:
________________________:
:
[NAME OF PET.],
:
:
Petitioner
:
:
________________________:
CIVIL ACTION NO.
MOTION TO APPOINT TEMPORARY
ADMINISTRATOR AND TO ALLOW
FOR NOTICE OF ESTATE CLAIMS
Petitioner is Decedent’s [State Petitioner’s relationship to Decedent], and has filed the
instant case because certain properties have not yet been settled. Petitioner hereby moves this
Court to appoint him/her Temporary Administrator and allow him/her to serve the attached
notice by publication and mail.
WHEREFORE, Petitioner respectfully requests that the Court issue an order appointing
Petitioner Temporary Administrator, and order Petitioner to:
- promptly issue the attached notice in the local newspaper and T8AA radio station
informing the public of the opening of Decedent’s Estate and Petitioner’s appointment as
Temporary Administrator, and setting deadlines for filing claims against the Estate and
objections to Petitioner’s appointment as Permanent Administrator.
- promptly issue the attached notice to the last known address[es] of Decedent’s potential
heir[s], informing the heir[s] of the opening of Decedent’s Estate and Petitioner’s
appointment as Temporary Administrator, and setting deadlines for filing claims against
the Estate and objections to Petitioner’s appointment as Permanent Administrator.
- identify and complete an inventory of the Estate’s current assets and liabilities, and
determine whether Decedent left a will.
- take any action, including the collection of income and expending Estate funds, as
reasonably necessary to preserve, maintain, operate and protect the assets of the Estate.
Dated:
Respectfully Submitted,
[Signature of Petitioner
Name of Petitioner
Local Address
Tel. No.]
IN THE
SUPREME COURT OF THE REPUBLIC OF PALAU
TRIAL DIVISION
________________________
IN RE THE ESTATE OF :
[DECEDENT],
:
:
Deceased
:
:
________________________:
:
[NAME OF PET.],
:
:
Petitioner
:
:
________________________:
CIVIL ACTION NO.
ORDER
This matter is before the Court on a Petition to Settle the Estate of [Name of Decedent].
The Court has reviewed the file herein and good cause appearing,
The Court ORDERS that an Estate is hereby opened for [Name of Decedent].
The Court FURTHER ORDERS that [Name of Petitioner] is hereby appointed
Temporary Administrator of this Estate.
The Court FURTHER ORDERS that the Temporary Administrator perform the
following:
1.
Identify and prepare a complete inventory of known assets and liabilities of the
Estate and file the same with the Court by ___________.4
2.
Immediately post the attached notice bearing the caption of this action at public
places, including but not limited to the Koror Post Office and on the Bulletin
4
The Court will set the date.
board of [State where the property is located].
3.
Publish the same notice at least two times in a local newspaper, and have it
broadcast on T8AA Radio Station at peak listening hours at least three times each
week for the next two weeks after receipt of this Order,
Serve a copy in person or by mail upon Decedent’s living relatives, including all
4.
of Decedent’s children (biological and adopted), parents, spouse, siblings, aunts
and uncles, if their addresses and/or whereabouts are known to the Temporary
Administrator.
5.
Determine and notify the Court whether the Decedent left a will by ________.5
6.
Take any action, including the collection of income and making expenditures of
Estate funds, reasonably necessary to preserve, maintain, operate and protect the
assets of this Estate.
In the event that there is a timely objection to the appointment of [Name of Petitioner] as
Permanent Administrator or a contested claim against the Estate, the Court will set a hearing
date. In the absence of such an objection, [Name of Petitioner] shall automatically become the
Permanent Administrator.
____________________
Dated
5
The Court will set the date.
_____________________________
[Name of Justice]
Chief/Associate Justice
IN THE
SUPREME COURT OF THE REPUBLIC OF PALAU
TRIAL DIVISION
________________________
IN RE THE ESTATE OF :
[DECEDENT],
:
:
Deceased
:
:
________________________:
:
[NAME OF PET.],
:
:
Petitioner
:
:
________________________:
CIVIL ACTION NO.
SUBED
[Decedent] died on [Date on death Certificate].
A [Name of Petitioner] a mla metutk el mo oungerachel a kloklel a [Name of Decedent].
Ngii dil chad el ngar ngii a ultekengel el kirel a omeltkel a [Name of Petitioner] el dimerkol
oungerachel a kloklel a mla mad el [Name of Decedent] ma lechub e te chelechad, siobai el
ngkal mla mad a belsir ma lechub e te chedal ngikal mla mad me te claim a kloklel, a kmal kirir
el remuul a ultekengir el mora Kerrekeriil ra diak bol meioud ra _____________.6 Ngii dil chad
el diak el relii a ultekengel el mora Kerrekeriil ra uchei ra _______________,7 a sebechel mo
diak a klisichel el omtok ma lechub eng mengeriil a belsel ma lechub a kloklel ngikal mla mad el
[Name of Decedent].
Dated:
__________________________
6
The Court will set the date.
7
The Court will set the date.
[Name of Clerk of Courts]
Clerk of Courts
IN THE
SUPREME COURT OF THE REPUBLIC OF PALAU
TRIAL DIVISION
________________________
IN RE THE ESTATE OF :
[DECEDENT],
:
:
Deceased
:
:
________________________:
:
[NAME OF PET.],
:
:
Petitioner
:
:
________________________:
CIVIL ACTION NO.
NOTICE
[Name of Decedent] died on [Date on Death Certificate].
[Name of Petitioner] has been appointed Temporary Administrator of the Estate of
[Name of Decedent]. Any objections to the appointment of [Name of Petitioner] as Permanent
Administrator or any claims against the Estate of [Name of Decedent] shall be filed with the
Clerk of Courts no later than ________.8 A person who fails to file a timely claim may be
forever barred from making claim against this Estate, either as a creditor or an heir.
Dated:
__________________________
[Name of Clerk of Courts]
Clerk of Courts
8
The Court will set the date.