KOSRAE STATE COURT
Federated States of Micronesia

GENERAL COURT ORDER PROCEDURE AND STANDARD FORM
FOR APPOINTMENT OF 2001-2 ADMINISTRATOR OF ESTATE

     Pursuant to Kosrae State Code, Section 6.101, this Court is authorized to make rules and orders, and to do all acts, not inconsistent with law or rule, required for the due administration of justice.  This General Court Order is adopted to assist in the efficient and timely disposition of petitions for appointment of an administrator of an estate.  This General Court Order also establishes the standard form for an Order Appointing Administrator to be entered by this Court.
 
The following procedure shall be utilized in proceedings for appointment of an administrator, pursuant to this Court. s authority under Kosrae State Code, Section 6.101, and for entry of the Order of Appointment of Administrator.

I.     Definitions for the purposes of this General Court Order only.

     1.    Administrator - the person appointed by the Court to manage, administer and settle decedent's affairs and distribute the decedent's estate.

     2.    Decedent - the person who has died and whose affairs and estate are the subject of the proceeding.

     3.    Estate - includes the decedent's personal property and real property.

     4.    Heirs of the Decedent - persons entitled to distribution of the decedent's estate, either pursuant to decedent's written or oral will, custom and tradition, or pursuant to state or national law. The term "heirs" includes any surviving spouse of the decedent, any surviving natural or adopted child of the decedent, and the issue of any deceased natural or adopted child of the decedent.

     5.    Personal property -  all property that is not real property.  Personal property includes, but is not limited to, bank accounts and other money, vehicles, goods such as clothing and furniture, boats, accounts receivable, stocks, insurance benefits and social security benefits, as defined in the FSM Code, Title 53.

     6.    Real property - land, crops growing upon the land, whatever is built upon the land, including but not limited to, buildings, tanks and wells.

II.    Procedure.

     1.    Petitioner shall file a Verified Petition for Appointment of Administrator of Estate.  The Petitioner is the person seeking to be appointed as the Administrator of the Decedent's estate.  The Respondents include all Heirs of the Decedent, other than the Petitioner.  

     2.    The Verified Petition shall state the following information:

a.   Name and date of death of the Decedent, and Decedent. s place of residence at the time of death.

b.   The name, address and basis of appointment of the person for whom appointment as administrator is sought.

c.   The relationship or interest of the Petitioner to the Decedent.

d.   That the Petitioner has reached the age of majority, has not been adjudged by a Court to be an incapacitated person, and that the person is qualified to serve as administrator.

e.   The names and addresses of any surviving spouse, children and any other heirs of the Decedent.

f.   A statement of the nature and value of the Decedent's estate.  The Decedent's estate shall be considered to include all personal and real property which the Decedent, at the time of his or her death, had the right to dispose of without the consent of another person.

g.   A copy of the Decedent's last written will, if one made.

h.   A statement regarding Decedent's last oral will, if one was made.

     3.    The Verified Petition shall be signed under oath by the Petitioner and be notarized.  A copy of the Decedent. s death certificate shall be attached to the Verified Petition.

     4.    Any heir of the Decedent may execute a Written Consent for the appointment of the Petitioner as Administrator of the Decedent's Estate. The Written Consent shall be filed.  The Verified Petition shall be served upon all Respondents who did not execute and file a Written Consent. Service shall be made pursuant to KRCP Rule 5.

     5.    Petitioner shall post a copy of the Verified Petition at the FSM Post Office in Tofol and at the Municipal Office of the municipality of the Decedent's last residence for a minimum period of twenty (20) days.  Petitioner shall post a notice which states that any objections to the Verified Petition for Appointment of Administrator must be filed with the Court within twenty (20) days and that any claims against the Decedent shall be served upon the Petitioner or the Administrator as soon as possible. Petitioner shall file a Certificate of Service and Posting.

     6.    Not less than twenty (20) days after the date of posting and after date of service of the Verified Petition upon the Respondents, the matter shall then be set for hearing by the Clerk of Court on the regular calendar. The Petitioner shall attend the hearing.  The Respondents shall be served notice of the hearing and be given an opportunity to be heard.

     7.    Any objection to the Verified Petition by a Respondent or any other person, or any claim made against the Decedent may be made in writing and filed prior to the hearing.  Any objection to the Verified Petition may also be made verbally at the hearing.  Failure to object to the Verified Petition prior to, or at the hearing may be considered a waiver of objection to the Verified Petition.

     8.    If an expedited hearing is requested, a Motion for an Expedited Hearing shall be filed.  The Motion shall include the reason for requesting the expedited hearing.   In the sole discretion of the Court, an expedited hearing may be granted by the Court.  An expedited hearing shall generally be granted only upon the filing of a Written Consent by all Respondents.  Petitioner shall attend the expedited hearing.  Respondents shall be given notice of the hearing and be given an opportunity to be heard.

      9.   Upon granting the Petition for Appointment, an Order Appointing Administrator shall be entered.  The standard form of the Order Appointing Administrator is attached hereto.  The Court shall prepare the Order Appointing Administrator.  In order to expedite the entry of the Order, the Petitioner or his counsel may prepare the Order Appointing Administrator for submission to the Court for approval.  An Order Appointing Administrator submitted to the Court by the Petitioner or counsel must conform to the attached standard form for Order Appointing Administrator. Any submission which does not conform to the standard form shall not be approved by the Court.

    10.   The Order Appointing Administrator may limit the authority of the Administrator to settle and distribute only certain property of the Decedent.  Determination of inheritance and transfer of title to real property is subject to Kosrae State Code, Title 11, Chapter 6.

    11.   The duties of the Administrator include the following:

a. manage, settle and distribute Decedent's personal property in accordance with the Decedent's last will, custom and tradition, state or national law, or as in the best interests of the estate; and

b.  assess and satisfy any claims brought against the Decedent's estate; and

c.  assess and bring any claims on behalf of the Decedent's estate.

    12.   Following appointment, the Administrator shall proceed expeditiously with settlement and distribution of the Decedent's estate, without any further order from the Court.  The Administrator may invoke the jurisdiction of this Court to resolve any issues concerning the Decedent's estate or its administration.  

    13.   Except as otherwise provided by the Decedent's will, every administrator has the right to take possession and control of the Decedent's property, except as limited by state or national law, and except that the possession or use of real property shall continue without change as status quo, until a determination of inheritance is made pursuant to Kosrae State Code, Title 11, Chapter 6.  

     This General Court Order is effective immediately.  

     SO ORDERED, this _____ day of March 2001.


                                                                                    /s/                        
                                                                                    YOSIWO P. GEORGE
                                                                                    Chief Justice


Attachment:     Form for Appointment of Administrator

Service on:    Office of the Attorney General
    Office of the Public Defender
    Kosrae State Legislature
    Micronesian Legal Services Corporation
    FSM Social Security Administration - Kosrae Branch
    Director of Health Services
    Division of Planning and Statistics
    Posting and distribution at Chief Clerk's Office
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