The nominated personal representative in a will or, if the decedent died without a will, an heir with the highest priority to serve as personal representative may file a petition to open a small estate proceeding. The estate procedure is always easier and faster if the person with highest priority to serve files the petition to open the small estate. The order of priority is listed below.

If you are not an heir of the decedent, you may open a small estate if an heir having the highest priority co-petitions with you. Note that consents and renunciations signed by the other heirs must be filed.

If you are an heir of the decedent, but other heirs have priority over you, you may file a petition to open a small estate if you have renunciations from the heirs with higher priority.

A creditor of the estate may also open a small estate by filing a petition for standard probate.