tlement of estate and division of property._ The executor having
collected debts due the estate and settled all claims against it, makes
his final statement to the court, and the remaining property is
distributed among the heirs and legatees. To continue and perfect the
chain of title, the division of the real estate is recorded in the office
of the register of deeds.

If there are minor heirs, the court appoints guardians for them.

Procedure in case no Will is made.--If there is no will, the four steps
which have in view the establishment of the validity of the will, are
unnecessary. The initial step in this case is the appointment of an
administrator to do the work which under a will is done by the executor.
In order that an administrator acceptable to the heirs may be appointed,
the following steps are taken:

1. Someone interested in the estate petitions for the appointment of a
certain person as administrator.

2. Notice of hearing is given by publication, citing those interested in
the estate to appear at a certain day if they desire to enter any
objection to the appointment.

3. If at the time specified for the hearing no objection is made, the
person petitioned for is appointed administrator, and "letters of
administration" are issued to him.

Then beginning with the sixth step the proceedings are substantially the
same as in case of a will, except that the basis of distribution in the
ninth is the _law_ instead of the _will_.

"As befits an authority which thus pervades the sanctity of a household,
crosses the threshold and exposes to public view the chamber of mourning,
probate jurisdiction in the United States is exercised with great
simplicity of form as well as decorum." [Footnote: Schouler's Executors
and Administrators.]

_Some Pertinent Questions._

What is a will? [Footnote: See Dole's Talks about Law.] Why must it be in
writing? Must it be in the handwriting of the testator? Why are the
witnesses essential? Is the form of a will essential? Is it necessary that
the witnesses know the contents of the will?

What is the difference between an heir and a legatee? May either be
witness to the will? Why? If the witnesses die before the testator, how
can the will be proved?

What is a codicil? If there be two wills of different dates, which will
stand? What difference does it make whether a person having property makes
a will or not?

Group the proceedings in case of a will into three groups.