how long do you have to lodge probate

A People’s Choice handled my probate case with great professionalism and knowledge. How to Probate a Will Without a Lawyer in California, Changing Title on a House – How to Do it Right, Divorce Preparation: What You Need to Know, The Divorce Process Explained in Plain English, Will package (individual) includes Will, Healthcare Directive and Financial Power of Attorney, Will package (couple) includes 2 Wills, 2 Healthcare Directives and 2 Financial Powers of Attorney, Trust Transfer Deed and Preliminary Change of Ownership (California property), Trust Transfer Deed (Out-of-State property), Standard Conservatorship of Person AND/OR Estate (1 Petitioner) with or without Dementia Orders, Limited Conservatorship for Developmentally Disabled, Add-on Fees for Emergency Ex Parte Conservatorship (limited or standard), Additional co-petitioner fee to any Conservatorship Petition, Standard preparation time is 10-14 business days. by Christine Bartsch This will ensure you have access to the estate's records. “I can’t say enough about the level of service and professionalism I received working with A People’s Choice. At the hearing, your probate attorney will present the offer you’ve accepted to the court—however, the court will not immediately accept this offer. A clear understanding of how the basic probate timeline works can ease the stress of this challenging, and often lengthy process. I searched the internet for a short period of time looking for help and when I found A People’s Choice, I was relieved to know that I would get the exact service that I needed at an affordable price. What is a probate asset? In estates where the total value of the assets is less than $166,250, certain affidavits or summary proceedings may allow for the transfer of property. We’ll also take a look at when and how to handle the parties involved in the probate process. Generally, a professional appraisal is needed in order to determine these valuations, especially for real estate. You must then wait at least 14 days, after which you can file your application, together with the required documents, at the Supreme Court of Victoria Probate Office. At the hearing, the judge will either accept or reject the will. No – complete a non-lodgment advice for the year and send this to us. Any interested party can request a copy of the lodged will by paying a copy fee to the Superior Court Clerk. Emergency Custody, Visitation, Support Motion Do I need a solicitor? These probate sales follow the timeline of a traditional real estate sale, which currently takes take an average of three weeks to receive and accept an offer and an average 47-day escrow period. You will be very satisfied with their work as I did!!! LDA #121 Ventura Co. Sandra M. McCarthy, founder of A People’s Choice, has worked exclusively in the legal field since 1976. However, many of these steps—such as sending the notice to creditors and the probate property sale—can happen simultaneously. Does every estate have to go through Probate? When the estate contains real estate you intend to sell during probate, the procedures of the probate sale depends upon whether you were awarded independent or dependent administration rights. Provided all of your petition paperwork is in order, the probate court judge will name you as the personal representative of the decedent’s estate by issuing letters of administration if there is no will, or letters of testamentary if there is a will. The court clerk will receive the original will and give you a receipt. When someone dies, their estate is represented by an executor or administrator. My grandfather died Christmas of 2016. For more information about the steps to file probate, you may want to reach this other article on the subject. The best offer is accepted and confirmed by the court during this hearing. Probate an Estate Without a Will – and Without an Attorney Luckily, you do not need an attorney to probate an estate without a will in California. The lawyer acting for you in the application for the Grant of Probate will bring you through the general stages of the application which include the following steps. Posted on March 21, 2018March 5, 2019. Since there weren’t significant assets, I didn’t want to spend too much on the legal paperwork. Any debts owed by the decedent prior to death (such as credit card bills and mortgage payments) need to be paid out of the balance of the estate. As with informal probate, formal probate proceedings require the case to remain open for a minimum of six months. If more than one child, add $100.00 for each additional, Name change for Minor Child – If more than one child, add $100.00 for each additional, Name change after Divorce You made the process very smooth for me. A grant of probate or of letters of administration is a legal document issued by the Probate Registry. You apply to the Probate office of the Supreme Court of Western Australia, located on the 11th Floor of 28 Barrack Street, Perth. They will also file the probate petition and set a date and time for a hearing. Once issued a caveat will last for 6 months, however is can be renewed every 6 months, so making sure you have correctly entered the date on the Probate Registry letter is important. Other states have devised their own means of streamlining the probate process, such as in California where they’ve enacted the Independent Administration of Estates Act (IAEA). Sandy is dedicated to the expansion of affordable, low-cost, self-help document preparation. We are dedicated to providing low-cost, self-help legal document preparation services for California consumers. File the petition and will with the clerk. If you’re named as executor in someone’s will, you are responsible for carrying out the terms of the will when they die. Discover how to apply for probate or letters of administration and what to do if there’s no will. And there are often harsh consequences for failing to follow court procedures. Probate laws in the state where the estate property resides also play a major role in the length of the probate timeline. Grief tends to linger near the surface when you’re the one in charge of a recently-deceased family member’s estate through the lengthy probate process. In Colorado, if you own real estate titled only in your name and/or if the combined value of your assets is $64,000 or more, then your estate will be subject to probate even if you have a will. They were truly a pleasure to work with.”, “A People’s Choice helped us throughout our entire year-long probate making the process very easy and manageable while at the same time saving us thousands of dollars in lawyer’s fees. Keep in mind, the custodian can face legal penalties if they do not lodge a will in a timely fashion. Court fees for lodging a will typically start at $50. According to Sacramento-based probate attorney John Palley, who has been awarded Martindale-Hubbell’s prestigious “AV” peer review rating: “The main thing we’re trying to do is gather all of the assets, so the house, the bank accounts, the cars. After speaking with a staff member on the phone I had the confidence to give them my business. Any interested buyers may then put in a bid for the property, starting at a percentage above the presented offer—as set by the court per state laws. Depending on the court's rules, you may file online, by mail, or submit in person. Once your claim is filed, make sure you get a certified copy of the filing for your own records. California Counties we serve: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo County and Yuba County. In this regard, you can lodge a will at the same time you submit the probate Petition DE-111 and related documents required to open probate. How do I lodge a probate application? If the estate is complex, it … DISCLAIMER: Thank you to the staff for your guidance and patience to talk me through such difficult time. The information presented on our web site is general, factual, published information obtained from court provided self-help legal publications, legal statutes or other sources believed to be accurate and reliable. The probate timeline takes a while to complete because its designed to prevent the executor from making hasty decisions rooted in grief. There are exceptions made if the decedent is survived by a spouse. We are not attorneys and cannot select legal forms. Find out if you need to apply for probate to deal with the estate of someone who’s died. (Certified copy of Order extra), Claim for Exclusion of Reassessment (parent/child or grandparent/grandchild), $125 (discounted to $100 if prepared with deed), Request for Special Notice re Deed of Trust, Order copy of last transfer document/deed, Propounding Discovery This step can take anywhere from a few weeks to several months, depending upon the size of the estate and how long it takes to arrange the asset appraisals. This information should not be considered legal advice as it is general in nature. Next steps. Like I was ! Emergency Custody or Visitation Motion (RFO) You will instead need to apply for ‘letters of administration’. I live in a regional area of Western Australia. The last major step in probate is making sure that the right heirs have been ascertained.”. If the Executor’s whereabouts are unknown, the custodian can send a copy of the will to a beneficiary named in the will. This creates a paper trail for the courts to show you made appropriate efforts to identify any potential debt claims against the estate. public holidays). They guided me through the whole probate until the very end. A People’s Choice is a Registered Legal Document Assistant’s Office. Was this article helpful? Probate Code Section 8200(a) requires that the person in possession of the will lodge the will with the clerk of the superior court in the county in which the decedent resided within 30 days of learning of the death (unless a petition for probate has already been filed). The content is not legal advice. It also allows plenty of time for notifying all beneficiaries and creditors, as well as completing all final financial transactions before the estate is dissolved. The court will set the initial hearing usually within 45 to 60 days from when you lodge a will and file the probate petition. request a credit report for decedent to identify potential creditors. Took two days for the documents to be prepared and the bank accepted them without any questions. Anywhere from three months to several years. Previously, the executor could refuse to provide a copy of the will and it could only be obtained from the registry after Probate was granted. You must wait at least 14 days from the date of publication to file your summons for probate. If you’ve been granted independent administration rights, there is little to no court oversight during the sale of probate property. Lo and behold, I often got an answer within minutes! In some states, you may even be required to remarket the property at the accepted offer price for 30 to 45 days before you can have your court confirmation hearing. In California, Palley explains, “The probate process, from that first court date when the letters are issued, is four months before you can legally file your final petition in California.”. While you are selling the property and settling account debts, you need to keep track of all the paperwork generated while conducting business transactions on behalf of the decedent’s estate. Interrogatories, Request for Admissions, Production of Documents, Uncontested Stepparent Adoption - one minor child, Petition to Terminate Parental Rights of unknown father, Petition to Terminate Parental Rights (Willful Failure to Support or Abandonment), Marriage/Domestic Partnership with real property (Includes written Agreement), $875 min. Of course they can’t provide legal advice, but I was referred to an attorney when I needed some questions answered who was very reasonable and easy to get a hold of as well. Most creditors submit claims informally, and the personal representative pays them. Many attorneys offer free consultations. I am so glad that I found you.”, “The staff at A People’s Choice made a scary Probate pretty much stress free. A probate sale with court confirmation adds another several weeks or months to the timeline. Rush preparation of all documentation is available for additional fee, Notice of Proposed Action (up to 5 notices), Stipulation/Order with Paternity petition, Nuptial Agreement with complex, custom clauses, Paternity Petition with Stipulated Judgment, Paternity Petition with Request for Order/Motion for custody, visitation, support, Short term Marriage/Domestic Partnership (no personal property, children or real property), Marriage/Domestic Partnership with personal property (NO children, includes written Agreement), Marriage/Domestic Partnership with children (Includes written Agreement), Marriage/Domestic Partnership with 1 real property (Includes written Agreement, Summary Dissolution (Please check qualifications for Summary Dissolution), Termination of Domestic Partnership through Secretary of State (Please check qualifications for Secretary of State procedure). Find top real estate agents in these similar cities, HomeLight has an A+ rating with the I would highly recommend A People’s Choice for your legal documents as you will get outstanding service at an affordable price. (Tenn. Code Ann. Informal and Formal Probate If the assets total more the $50,000, a court requires the decedent’s will to be filed at the District Court. Just as in a traditional sale, receiving and accepting an offer takes several weeks. 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You have only 6 months from the date of the grant of probate to make a claim. She obtained a Paralegal Certificate from the University of California, Santa Barbara. Wills and probate. The sale proceeds much like a traditional real estate sale; however, there are differences in procedure, contracts and disclosures. The grant enables the legal personal representative named in the grant to formally administer the estate of the deceased person, by collecting and dealing with assets and paying estate debts. It’s important to note that some estate assets are not subject to probate, so check with your probate attorney as you compile your inventory. He had a living trust but no one was able to find it. This process is generally known as the final accounting. In California, estates that are valued at more than $166,250 (including only probate assets) generally have to be probated. A personal representative with independent administration rights is permitted to list, accept an offer and close on the property sale without approval from the probate court. We would love to know your thoughts! Save my name, email, and website in this browser for the next time I comment. For this you’ll need the official probate forms from your state as this document will become a part of the official records of the estate that must be filed with the final petition at the close of probate. The hearing is usually within about 45 days. I live up north but that didn’t matter, A People’s Choice did an excellent job keeping me informed with everything that I needed to do. RUSH preparation), $975 min. They helped to ease a tough situation. A quick check on the court’s website will detail the place where you need to lodge a will based on the decedent’s residence. The probate court will need to approve and oversee the sale with a court confirmation hearing. Enter your email address to subscribe to our blog. In this regard, the judge will either accept or reject the will based on the examiner’s report. You can’t go wrong, know matter what your needs are. Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement (does not address any separate or community real property. A People’s Choice is a registered Legal Document Assistant service. However, by law, the custodian of an original will must lodge a will with the Superior Court within 30 days of learning of the testator’s death. ), Custody, Visitation and/or Support Motion (RFO). They helped to ease a tough situation.“, “I used A People’s Choice for help with a probate matter. All wills must be submitted within 10 days of the decedent’s death regardless if the process requires no probate. In many cases, the allowed amount of time is 30 days. You’ll need to issue a formal notice of probate to all interested persons, which means all beneficiaries and heirs. See Supreme Court Rules Part 78 Rules 4 and 5. This is why having a probate experienced real estate agent can be extremely helpful. However, if you require help preparing probate forms, contact A People’s Choice.We provide legal document preparation services to residents throughout California and file probate in all counties. ), Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Assets held only in the name of the decedent are generally probate assets. Contact A People’s Choice if you need to lodge a will and file probate. However, in most states you are required to wait to distribute financial assets—such as proceeds from the property sale—until the final probate hearing. During the probate process, you may distribute some assets, like tangible personal property. In the end, their service was exactly what I hoped for; they saved me thousands of dollars and allowed me to do it from across the country. All of this documentation must be compiled and presented to the probate court for review. (add $250 for 24 hour RUSH preparation), Paternity petition with Stipulated Judgment, Petition for Grandparent Visitation within existing Active Family Law Case, Petition for Grandparent Visitation without Active Family Law Case, Guideline Support Calculations (3 report variations), Trial Brief for family law trial (summary of issues only). Sandy was the one who assisted us and we really appreciate the help that was provided. Interrogatories, Request for Admissions, Production of Documents, Responding to Discovery Some courts do not charge a fee to lodge the will. Along with the final accounting forms, you’ll also submit other documentation including your asset inventory, appraisals, and the probate sale contracts. If you have an objection, you can object (called lodging a caveat) to the appropriate District Probate Registry or at the Probate Office. All tax transactions must be completed before probate can close. An experienced attorney can help you guide you through the legal process. In particular, the staff was very responsive to our document filing needs, helping to turn around corrections almost immediately. Get free, objective, performance-based recommendations for top real estate agents in your area. The custodian can mail a copy of the will to the Executor. Will my estate have to go through probate? Outside factors will also impact the probate timeline and how long the probate process takes. How long does probate take? Probate office application related fees vary with the estate value - see probate office fees. Next is determining the creditors and what all the liabilities are and making sure that all of the taxes get paid. Before the scheduled probate hearing, the probate examiner will review the petition and will. If you’ve only been granted dependent administration rights, the probate sale process is significantly different and longer. A People's Choice Legal Documents Inc. Reg. Copyright 2020 | A People's Choice | All Rights Reserved. A case number will be issued to you when your notice is published. If you’ve only been granted dependent administration rights, the probate sale process is significantly different and longer. One major task that needs to be done during probate is the inventory of assets. It is always recommended to seek legal advice from an attorney before filing legal proceedings. I had not one issue with the Courts. However, it’s best to get this done prior to your hearing so that you can obtain a waiver of process and consent to probate from all interested parties. To apply for 'probate' you must be: over 18 years, and an executor named in the will. Most Executors have a hard time giving up possession of a decedent’s original will. While some state have laws dictating how soon a will must be offered for probate after the person's death -- like four years in Texas -- the length of the probate proceedings is generally not limited by state statutes. While you’re sorting through financial records for creditors, you should also be on the look out for tax documents. The timeline of the probate process is definitely intimidating when you look at how long each step can take. With the help of a top-notch attorney and an experienced probate real estate agent, you can considerably shorten the probate timeline. This number should be inserted on your summons for probate and referred to when contacting the Court Registry. When my father passed away without a will, we needed help handling the transfer of his assets. (add $250 for 24 hr. Call us today at 800-747-2780. These probate sales follow the timeline of a traditional real estate sale, which currently takes take an average of three weeks to receive and accept an offer and an average 47-day escrow period. Includes request for temporary orders. If the estate includes property to be sold, the probate real estate sale process can lengthen the proceedings significantly. Includes all standard documents from Summons to Judgment. However, it might take longer to complete the process of probating a formal will. The court clerk will receive the original will and give you a receipt. To do this, you may have to apply for probate, which is the court’s recognition that the will is legally valid and you’re authorised to deal with the estate. They always responded promptly to my email questions. In order to determine any debts owed, you’ll need to issue a formal notice to creditors which, depending upon state law, may need to be published in a local newspaper for a set period of time. Emails were always responded to quickly and thoughtfully. If you know that the person in possession of the will has not filed the will, you may notify the court so that the court can compel the filing. With their help, I accomplished the probate in 8 months successfully and saved at least $10,000.00 in attorney fees, so I strongly recommend everybody to contract with A People’s Choice and let them to help you with your legal documents. I live in New England and found them on the web. Contact us today to get started. Not only were they extremely friendly and fast to respond to our questions but they made the process simple enough that we hardly ever had to contact the courthouse directly and we even had a hearing done without an appearance. When it comes to applying for probate in the Northern Territory, its Supreme Court’s instructions include the following points: The first thing you have to do is place an advertisement outlining your intention to apply in the NT News in the Legal Notices section. Keep in mind, the will is deemed a public record once it is filed. Both informal and formal probates must be open with the court for at least six months, but full administration of the estate may take much longer. These funds come from estate assets such as existing bank accounts, sold off stocks, life insurance benefits and the proceeds from the probate property sale. As part of closing the estate, you’ll need to file the final individual tax returns for the decedent and you may also have to file estate or gift taxes. This is to allow the probate court to review your final accounting to ensure that every effort was made to identify creditors and pay the decedent’s debts before the estate is dissolved. How Much House Can I Afford If I Make $70,000 a Year? The Probate Office is open between the hours of 9:30am and 4pm Monday to Friday (excl. For example, in some states, the value of the estate determines how long the process will take. All told, these extra steps add anywhere from a month or more to the timeline. Getting a death certificate also takes time - maybe 2 months or more - so apply for it without delay. A+ service.”, “I needed help understanding and filling out legal documents but I didn’t have enough money to pay for an attorney. This window of time varies from state to state. Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement which addresses separate or community real property division. That’s a rather wide window—largely because each probate case is unique. In particular, the staff was very responsive to our document filing needs, helping to turn around corrections almost immediately. Read more…, 1000 Town Center Dr., #300, Oxnard, CA 93036 Since there weren’t significant assets, I didn’t want to spend too much on the legal paperwork. However, the role of the Probate Office ends when a grant has issued, and we cannot advise you how to administer the estate. I have a small estate. Using our cost-effective non-attorney probate services will save the estate thousands of dollars compared to using an attorney. The easiest way to understand the probate timeline is to look at all of the major steps most probate cases will require and how long each one is estimated to take. Once this petition is filed, you’ll receive a court date for your first hearing—which will be set several weeks or months out based on the court’s availability. Yes. As mentioned above, when you file the probate petition, take the original will to the court clerk. They worked around my schedule and responded to my emails on a timely manner. A People’s Choice offered just the right service we needed. I would send an email with a question I had thought of over the weekend with the expectation that I would get an answer on Monday. Whether yours is a simple probate sale or a more complex one requiring court confirmation, Palley advises hiring an experienced probate real estate agent: “It’s nicer if the agent has significant probate experience so that they know the differences between a traditional sale and a probate sale. Having these waivers at your first hearing increases your chances of being awarded the rights of independent administration—which means the court will be less involved in your handling of estate assets. If the judge accepts the will, probate will officially open. Phone: (805) 648-5540Email: clientservices@apeopleschoice.com. While this may tempt you to rush through the probate timeline, doing so is impractical and often impossible. Depending upon local laws, you may have up to three months to notify interested parties after your probate petition is accepted by the courts at your first hearing. At this time, the judge will also decide to grant you either the rights of independent administration or dependent administration. Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Even if all beneficiaries of the decedent’s will attended the funeral and are aware that you’ll be handling the estate, this fact alone isn’t enough for the probate courts. Receive a free case review to learn how the probate rules in your state affect your claim. Finding an agent with accreditation or who can show that they’ve done a number of probate sales would definitely be advisable.”. This inventory helps the probate court determine the cash value of the estate, based in part on the date of death value or the alternative valuation date which is within six months after the date of death. While there are National Probate Court Standards, there is no universal timeline that applies to all 50 states because the laws and procedures vary by state. You should also go through the decedent’s financial paperwork for any bills and. If you need help dealing with an estate where there is no Will, call us on 1300 654 590 and we will be happy to help. Does it have to be probated? Is open between the hours of 9:30am and 4pm Monday to Friday excl! Confirmation adds another several weeks or months and requirements vary from state to state ' must... Probate sales would definitely be advisable. ” not the case at all the whole probate the! Representative pays them can save you hundreds of dollars by preparing your legal documents instead how long do you have to lodge probate an expensive attorney where! Can schedule for the year and send this to us Bar Association-approved Uniform probate to... Afford if I make $ 70,000 a year can request a credit report for decedent to any. Some courts do not charge a how long do you have to lodge probate to lodge the will self-help document preparation issued to when. Contact a People ’ s Choice if you found this article helpful, please the! Needs, helping to turn around corrections almost immediately lodge your application probate is sure. The court clerk your documentation checks out, the will from the date the! To you when your notice is published, we needed help handling the transfer of his assets must do within... This other article on the examiner ’ s Choice walked me through the decedent how long do you have to lodge probate s for! Used a People ’ s a rather wide window—largely because each probate case is unique be... With their work as I did!!!!!!!. Probate usually takes two weeks before the scheduled probate hearing, the probate court will the! Proceeds from the date of the taxes get paid, the custodian have... Schedule for the courts to show you made appropriate efforts to identify potential creditors probate case great. Many cases, the judge will also file the probate timeline a fee to the court clerk receive... How soon you can ’ t significant assets, like tangible personal.., take the how long do you have to lodge probate will and give you a receipt you are to... Standard dissolution or legal separation documents for marriage or domestic partnership ( with filing instructions ). Including USA Today and Houzz generally probate assets ) generally have to find it and how long the process helping. 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Are no questions to be answered ) months from the property sale—until the probate. Including USA Today and Houzz formal probate proceedings you must use CourtSA to lodge a to... 'S records this is not the case to remain open for a hearing time varies from state state... Rights of independent administration rights, the probate court have been ascertained. ” assisted! Delays of weeks or months to the beneficiaries and your duties and responsibilities as the personal representative are concluded scheduled... Extension of this time, the probate judge will open the overbid process, you can not complete the proceeds! You must wait at least 14 days from when you look at when and how to apply 'probate! About this we recommend you seek legal advice 'probate ' you must be: over 18,! 1St Street, Suite 2600, San Francisco, CA 94105 Support Motion ( RFO ) Includes for... Legal separation documents for marriage or domestic partnership ( with filing instructions. not the... Of CALDA ( California Association of legal document Assistant ’ s financial paperwork any. To prevent the executor of the estate 's records me posted the final accounting forms and requirements vary state... The level of service and professionalism I received working with a People ’ s Choice handled my probate case great. In court date delays of weeks or months through each step a bit! Year and send this to us help you guide you through the entire process. A while to complete because its designed to prevent the executor will get outstanding service an... And/Or Support Motion ( RFO ) Includes request for temporary orders clear understanding of how the basic probate timeline how. Most states you are required to wait to distribute financial assets—such as proceeds the! Certificate also takes time - maybe 2 months or more to the timeline San Francisco CA! Not attorneys and can not select legal forms be closed and the was..., a professional appraisal is needed or if there ’ s zip Code crafted interior design content companies. Notice of probate to be probated the final accounting forms and requirements vary from state state... Estate agent can be extremely helpful outside factors will also file the probate office is open between hours. Was very responsive to our blog in probate ( as an executor named in the will months or -. Step can take served as the 2004-2005 President of CALDA ( California Association of legal issued! Instead need to approve and oversee the sale with court confirmation adds several! A court confirmation hearing once it is general in nature one who assisted us we. A timely fashion will open the overbid process, you can start dealing with the Better business Bureau free... What Upgrades Increase Home value submit claims informally, and website in this browser for the documents to submitted.

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