Prior to filing an Inventory, counsel shall examine the deed or deeds by which the decedent is vested with title to the real estate being administered. Counsel shall further examine the current records of the Brown County Auditor and filings with the Brown County Recorder during the ten years immediately preceding his death for the purpose of confirming the decedent's ownership interest therein. The cost of such limited examination shall be deemed as part of attorney’s fees as determined in accordance with Local Rule 71 .1.
Upon filing an Inventory, the executor or administrator shall serve notice of the hearing upon the decedent's next of kin in estates where the decedent died intestate, the beneficiaries of the estate listed on Form 1.0 in estates where the decedent died testate, and attorneys of record for such interested parties, unless notice of hearing is waived. Notice may be served by ordinary mail or by personally delivering a copy of the notice to the person entitled to receive it.
Where the name or address of an interested party is unknown, and where prior notice by publication for that person or class of persons has not already been made in the estate proceedings, the fiduciary shall publish notice of the hearing once each week for three consecutive weeks unless the Court otherwise orders. Evidence of notice shall be documented by the filing of an "Attorney Certification" which sets forth the manner of service.
The administrator or executor shall send a copy of the Inventory and Appraisal to the decedent's next of kin in intestate estates, the beneficiaries of the estate listed on Form 1.0 in estates where the decedent died testate, and attorneys of record for all such interested parties. This requirement may be modified or waived by the Court for good cause shown.
Upon discovering new probate assets, the fiduciary or his attorney shall file a Report of Newly Discovered Assets (Form 39L). Real estate that is included in a Report of Newly Discovered Assets shall be valued pursuant to Local Rule 61.1. Unless otherwise ordered by the Court, Reports of Newly Discovered Assets shall not be set for hearing, and notice to interested parties shall not be required.
Upon discovering that the Inventory contains any other error, the fiduciary shall file an Amended Inventory. At the discretion of the Court, the Amended Inventory may be approved upon filing, or may be set for hearing. If set for hearing, notice shall be given to all interested parties unless waived.
Consents to Power to Sell Real Estate (Form 11.0) shall not be filed prior to the filing of an Inventory and must be accompanied by a Waiver of Bond on Consent to Sell Real Estate (Form ES 11.A), unless there is already sufficient bond posted.
