She specializes in family law and estate law and has mediated family custody issues. For retrievals involving multiple boxes, $39 for each additional box. The process of probating an estate is meant to settle the estate after the decedents death and following their last will and testament. $375 flat fee. By law, court employees are not permitted to give legal advice. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing Of course, the estates beneficiaries might feel a bit of a pinch because this depletes the value of the estate, leaving less available to transfer to the ownership of others. Read More: How to Find Out If an Estate Has Been Settled. If so, you can petition the court to reopen the estate. Unless its a very small and simple estate and state law provides for summary or simplified administration, an executor cant simply present the death certificate to a bank or other institution and expect them to automatically transfer ownership of assets or hand over cash. The cost of probate depends on several factors. After discovered For any payment returned or denied for insufficient funds, or reversed due to a chargeback, $53. Plain, flat grave markers usually cost hundreds of dollars rather than thousands. the amendment is to add the name and address of an attorney for a creditor listed on the schedules. legal advice and completing forms. This in supervised administration is required to file a Supplemental Inventory with One-Time Checkup with a Financial Advisor, 7 Mistakes You'll Make When Hiring a Financial Advisor, Take This Free Quiz to Get Matched With Qualified Financial Advisors, Compare Up to 3 Financial Advisors Near You. Some accounts don't require you to make a deposit right away, but others ask that you have $25 to $100 on hand to open one. attorney. Probate is the process of proving a will and settling an estate after an individual (decedent) dies. Lawyers who assist with the probate process charge for their work in one of three ways: by the hour, as a percentage of the gross estate or by a single, flat fee that encompasses all work from start to finish. Wayne County Probate Court For reproducing any document and providing a copy in paper form, $.50 per page. The property will have to be managed until it is sold or the estate is closed. So if you die leaving behind an estate worth $500,000, your estate may lose anywhere from $10,000 to $35,000 to probate costs. Following are some of the most common fees likely to be incurred at some point during probate, regardless of other circumstances. 2.0% for any estate assets in excess of $800,000. Title Property Jointly - Jointly titling property means that, upon your death, property automatically passes to your significant other (or whomever else is on the title). *Filing fees can generally range anywhere from $50 - $1,200. The estate is usually just paying for the lawyers time with these fee options, so executors should ask to be sure when they're negotiating a fee arrangement. This fee applies to services rendered on behalf of the United States if the recording is available electronically. Some of these could include: Since the probate court process is not streamlined, the average cost of probate can vary depending on the state youre in and the size of an estate. Probate Support - The probate process can be lengthy and complicated, especially during a time of grief. During administration, the personal representative should have given notice to possible creditors via publication in a newspaper or by direct mailing. For filing a motion to divide a joint Chapter 7 case, $245. For filing a motion to reopen a Chapter 9 case, $1167. An estate refers to someones plan for the distribution of their property, belongings, and money after they are deceased. Its important to understand that not all estates need to go through probate. Develop the tech skills you need for work and life. "Gross estate" is the value of all personal property when received, plus the proceeds of any sale of realty coming into the hands of the fiduciary. To determine if the decedent had a will that was not offered for probate in the Get a certified copy of the deceased's death certificate in case the judge wants to see a copy. A lawyers third option is to charge a percentage of the value of the estate, but executors should be wary here. Answer: An estate account is no different than any other checking or savings account, it merely has a different type of ownership (the estate as a legal entity). Berg Bryant Elder Law Group: 3 Important Steps to Take Before Hiring a Probate Attorney. Consider working with a financial advisor as you sort through your choices on handling your estate. In supervised administration, file a Petition for Complete Estate Settlement, In Wayne County, the probate court will assess $100.00 for the reimbursement of court costs against the fiduciary and prohibits any individual with an outstanding order from court costs from filing ANY pleading with the probate court until it is paid. Subscribe to our newsletter for expert estate planning tips, trends and industry news. But theres a bright side here. Depending on your concept, location, and other factors, you could spend anywhere from $175,500 to $750,500 in startup costs. For purposes of determining when the inventory fee calculation, the inventory filing, the inventory fee payment, and the notice of continued administration are due, a reopened decedent estate is to be treated as a new case. MCR 5.312(C). When a party files a motion to reopen a case to request to withdraw unclaimed funds, unless the court orders otherwise. MI. They offer unparalleled support and guidance to simplify the probate process. Browse more topics in ourLearn Centeror chat with a live member support representative! It is sometimes possible to avoid probate and its high costs altogether. The estate was Attorney fees can drive up the cost of even small estates if an attorney has to spend an extensive number of hours on the estates business. There are two ways the estate can be reopened: In either case, the interested person will have to file PC 607 Application/Petition To Reopen Estate with other accompanying paperwork (e.g. In addition to any fees imposed under Item 9, above, the following fees must be collected: The fee amounts in this item are derived from the fees prescribed in 28 U.S.C. If any extra action is taken by the executor or an interested party, that means another filing fee. 330(b)(2), a $15 fee applies in the following circumstances: For filing a notice of conversion to a Chapter 7 case. There may be other miscellaneous fees related to probate. What Is A Notice of Lis Pendens In Michigan? So, unfortunately, the cost of real estate education depends on where you are located within the country and can range anywhere from $79 to $999. item provides general information concerning the opening of a decedents estate This cost will vary by both region and specific areas of town: a lease in the heart of Manhattan could cost over $80,000/month in rent. Probate is required to move property and assets from the ownership of the deceased into the names of living beneficiaries, assuming that theres no built-in mechanism in place to achieve this. How Does Domestic Violence Affect Divorce Proceedings In Michigan? Examples of additional filing fees are if the will is contested, the beneficiaries have to be determined if the decedent died intestate, the decedents mental capacity is challenged or if a probate case has to be reopened. by stevejedinak | Apr 5, 2021 | Wills, Trusts And Estates |. disbursement. A seller's closing costs range from 1% to 3% of the total home sale price; buyers can pay . You have the right to refuse, but if you do not sign the waiver you will not get the inheritance until a longer and more costly process takes place. Youll likely be asked for Letters of Testamentary or Administration at some point. 1 Court Fees Court fees are dictated by state law and can range anywhere from a few hundred dollars to over a thousand dollars. You don't need to file the death certificate because the death is already documented, but the judge needs to see the certificate personally. Issued in accordance with 28 U.S.C. 3. The cost will be higher if an attorney is involved, if an accountant is employed, the estate is large or the will is contested. For example, you may discover other estate assets. Hire a probate attorney to help you understand what you're required to do to reopen your deceased relative's estate. File for probate of an estate. 1930(a). Probate Fee for Estates Opened October 1, 2022 and After This section only applies to estates opened before October 1, 2022 This is largely due to the fact that most lawyers charge an hourly fee for probate work. The estate will pay for six minutes or one-tenth of their time if they take a phone call on the executor's behalf that lasts just three minutes. Some states require that the probate court approve the amount of compensation an attorney receives unless all beneficiaries consent to the fee or it falls within statutory reasonable guidelines. The average cost of a start-up is $18,000. 5.0% for the first $100,000 in assets; 4.0% for the next $300,000 in assets, up to $400,000; 3.0% for the next $400,000 in assets, up to $800,000; and. If theres any silver lining here, its that the percentage usually decreases as the value of the estate increases. Application\Petition to Reopen a Decedent Estate. For management of funds deposited under 28 U.S.C. It is fairly common. Ask your attorney or call your bankruptcy court for the specifics. SmartAsset Advisors, LLC ("SmartAsset"), a wholly owned subsidiary of Financial Insight Technology, is registered with the U.S. Securities and Exchange Commission as an investment adviser. That cost is higher if you're based in an expensive city such as New York ($216 per square foot) or Philadelphia ($180 per square foot). For filing a motion to reopen a Chapter 13 case, $235. If an heir or beneficiary does not feel that the will is fair then they may hire their own attorney. 19. Florida Statute 733.903 provides that once a probate matter is closed by order of discharge, it cannot be reopened later if a valid will is discovered, even if it has different dispositive provisions. questions that this pamphlet did not answer, please seek legal advice from an The agreement should not only cite the payment arrangement, but also when the estate will be billed, when payment is due and in the case of hourly fees, how much the estate will pay each individual who performs work on it. However, the probate court may assess costs against the fiduciary or attorney for reimbursement of court fees. There may also be no upfront investment options depending on the staging company, listing agent or brokerage. What IRS Form Do I Need for an Inheritance? She received her JD from Loyola Law School in 2012. representative must keep the estates assets separate and never borrow from How Much Do I Need to Save for Retirement? Check to see if some gift wasnt distributed to a beneficiary. For filing a petition under Chapter 7, 12, or 13, $78. The attorney will not usually take on the entire workload of the executor. The buyer and seller are both responsible for their respective closing costs. If youre ready to find an advisor who can help you achieve your financial goals, get started now. Forms may be found at Michigan Court - Court Forms. Some states allow probate attorneys to charge a fee based on a percentage of the estate value. The personal SmartAssets free tool matches you with up to three vetted financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. The rules differ by state, but generally at least 2 people must witness the signing of the will. Wallace, 253 So. For filing an amendment to the debtors schedules of creditors, lists of creditors, or mailing list, $32, except: The bankruptcy judge may, for good cause, waive the charge in any case. Online hospitality resource Restaurant Owner surveyed their members and found the average cost of kitchen and bar equipment to be $115,655, ranging from $30,000 at the low end to $150,000 at the high end. R. Bankr. If the decedent has complicated business affairs to sort out or owns many stocks and other securities, the complexity will require higher accounting fees. For filing a motion to reopen a Chapter 15 case, $1167. ). Based on the estimated size of the estate to be settled. Probate attorney fees in Maryland will depend on a number of details, including how complex an estate is, as well as how experienced the attorney you use is. You should be aware that reopening an estate can be a difficult process, because you need to provide the judge with a good reason to reopen the estate. The same applies to joint bank accounts, while payable-on-death accounts and assets with named beneficiaries are set up to go to the beneficiary upon the primary account holders death without the necessity of probate. Schedule a consultation with our estate planning attorneys by calling 727-471-5868. But if you need multiple trees removed, you can expect to pay between $500 and $6,000 per acre, depending . For filing the following motions, $188: This fee must not be collected in the following situations: 20. Mallory Micetich, home expert at home improvement network Angi, says tree removal can cost anywhere between $200 and $2,000 per tree, with an average cost of $750. Gross estate does not include fair market value of realty not sold. *Certificates can range anywhere from $5 - $20 per certified copy; you may need originals for certain institutions, while others might accept a photocopy; you can order extra certified copies from the court if you need more than they give you. At the end of the day, thats money that could be going to your beneficiaries. Probate is also used for decedents who die without a will. needed depending on the facts., Note: For additional information, see Administering a If you cannot serve all the parties, you may - but often times, you need the court's permission for substitute service. The reopening fee must be charged when a case has been closed without a discharge being entered. You will have a very strong case to reopen the estate if the personal representative committed fraud or other wrongdoing. The cost therefore should be the same as opening. Check out our individual state-specific posts on the cost of probate. A modest estate may take six to 24 months to settle. Plots for the burial of infants or children generally cost less. admiral nagumo dilemma; how much does it cost to reopen an estate. If this is something you don't want to go through alone, consider getting help from our probate experts. The probate process generally unfolds in three primary stages: opening, administering, and closing the estate. For filing a transfer of claim, $26 per claim transferred. Below are the typical costs for basic estate plan documents. This can include the build-out, permits, equipment, and design. For filing an appeal or cross appeal from a judgment, order, or decree, $293. Big city attorneys invariably charge more than their more rural counterparts, and probate lawyers fees tend to be steeper than those of general practitioners. assets (i.e., new property, such as stocks, bonds, real estate) found after the For a motion for relief from the co-debtor stay; For a stipulation for court approval of an agreement for relief from a stay; or. Is there a question here we didnt answer? Can an Executor of an Estate Spend Any Money From the Estate? *Notifications can range between $10 - $300. 363(f). how much does it cost to reopen an estate. These official certificates have the courts seal and authorize an Administrator or Executor to act on the deceased estate owners behalf. If you dont have a financial advisor yet, finding one doesnt have to be hard. Plan your estate to avoid probate altogether. This will help you understand the cost to open a franchise. Unless you have actual issues with the job the executor did, putting up a fight may not be in your best interest. Make sure the deceased's state and federal taxes have been paid off completely. Update the will to include the new information after the judge makes a ruling. Total: $200* to $1,160. interested persons. Either consents from Once the estate is closed, your family can focus on maintaining the estate again. However, other assets dont. The estates assets must be preserved and distributed to the heirs according to Properly and strategically setting up your Estate Plan can protect your loved ones and simplify the process. A June report from the American Federation of Teachers estimates that if all schools reopened in the fall, expenses associated with new staff to allow for social distancing, PPE, technology for . http://www.wcpc.us/Info/FAQ/reopenestate.htm, http://www.nolo.com/legal-encyclopedia/how-sign-your-will-the-will-signing-ceremony.html, http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.202.htm, http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2104&ChapterID=60, http://www.lawhelp.org/files/7C92C43F-9283-A7E0-5931-E57134E903FB/attachments/F95E7263-63A4-465F-BFE8-AF110896CDE9/forms-for-reopening-an-estate.pdf, http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/guidelines_for_individual_executors_trustees.html. R. Bankr. The cost to start a franchise can vary significantly depending on the specific franchise business and the industry segment where you plan to open your business. What are the duties of a personal representative in an estate that 103.5. In some states, interested parties may need to get the personal representatives permission to reopen the estate. It never hurts to ask for a different fee arrangement other than what the attorney normally charges, but fees can be governed by state rules and laws. $500 flat fee. Let the court know everything you uncovered and allow it some time for an objective decision. Opening the Mississippi Estate in Chancery Court The Mississippi probate process officially begins when the estate is "opened" in the local probate court (called a "chancery court" in Mississippi). State laws dictate how much an Executor can charge (usually a max of 3 - 5 percent of the estate value). The Costs of Probate. [115] Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. Executors should take a deep breath if theyve been asked to administer an estate and they're panicking a little over how much it will cost them. These could include: - Who can file to reopen an estate for a decedent? request is made, the court will send you a bill. And in some states, youre actually required to do so by law (although most states do not mandate this). If not, they usually cant inherit. In general, the greater the value, the more probate will cost. Executor fees are mandated by state law unless the decedent specifies in the will how much the executor should be paid. The Kentucky probate process, also called estate administration, is the process of settling a person's legal and property affairs after death. But again, accounting and probate attorney fees will ultimately reduce the overall value of your estate. Account must list receipts (monies in) and disbursements (monies out). For a motion filed by the debtor to divide a joint case filed under 11 U.S.C. 4. [116] The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. Reopening by Petition: If an estate is not eligible to be reopened by application or there are complications that necessitate a judge's decision (e.g. - What Rights Does the Executor of an Estate Have? The United States should not be charged fees under this schedule, with the exception of those specifically prescribed in Items 1, 3 and 5 when the information requested is available through remote electronic access. 16. When is it necessary to reopen an estate for a decedent? If there was no will, then the heir could inherit under the states intestacy laws, which apply in the absence of a will. Byron Ricardo Batres, 28-41-103: The estate's personal property does not exceed that to which heirs are entitled. If the trustee or debtor-in-possession files the complaint, the fee must be paid only by the estate, to the extent there is an estate. decedent estate case may have to be re-opened for a variety of reasons. Formal probate Informal probate Late and limited formal probate Voluntary administration Forms for wills, estates, and trusts. Some attorneys charge an hourly rate for their services, which can range from $150 to upward of $300. How to Reopen an Estate. Detroit Trust & Will is an online service providing legal forms and information. If there are no objections to the will, the estate is then closed. Probate of an estate can be a complicated process, and an executor isnt always up to the task of tackling it alone. or a hearing is required to grant the petition.. 2017-158 omitted the requirement that the gross estate fee(s) be To sell property of the estate free and clear of liens under 11 U.S.C. Here are the most common reasons why an estate would have to be reopened: The Estates and Protected Individuals Codes states that, [i]f estate property is discovered after an estate is settled and either the personal representative is discharged or 1 year has expired after a closing statement is filed, or if there is other good cause to reopen a previously administered estate, including an estate administratively closed, upon petition of an interested person and notice as the court directs, the court may appoint the same or a successor personal representative to administer the subsequently discovered estate. MCL 700.3959. 302, the following fees apply: These fees are derived from and equal to the filing fees prescribed in 28 U.S.C.1930(a). An estate qualifies for simplified probate procedures if it meets one or both of the following statutory requirements: Code Ann. Building Journal puts the national average cost for a 5,000-square-foot restaurant with mid-level finishes at $160 a square foot, or $480,000. Some states mandate that the filing fee is the same for all estates. Petition to Reopen a Closed File 600.880(1) $150.00 Yes Civil Filing Fee Fund Account7 (for each account . We do not manage client funds or hold custody of assets, we help users connect with relevant financial advisors. For filing a motion to redact a record, $26 per affected case. The Public Trustee has lawyers on staff who do the legal work for the estate. Other factors also affect the cost of probate. At Carolina Family Estate Planning in Cary, North Carolina, our attorneys make the probate, estate administration, and trust administration process easier for the North Carolina community. Property may have to be appraised in the case of business ownership, ownership of another real estate and ownership of other personal property like jewelry or precious metals. Interested parties may need to get the personal representative in an estate then.... Yes Civil filing fee is the process of probating an estate for decedent. A lawyers third option is to add the name and address of estate..., belongings, and Trusts possible creditors via publication in a newspaper or by mailing. Authorize an Administrator or executor to act on the staging company, listing agent or brokerage following motions, 293... Hold custody of assets, we help users connect with relevant financial advisors available electronically you may discover other assets... Going to your beneficiaries [ 116 ] the regulations for motions to reconsider located. Probating an estate can be lengthy and complicated, especially during a time of grief everything you uncovered allow. Gift wasnt distributed to a beneficiary assets in excess of $ 800,000 complicated process, and design per case. Custody issues basic estate plan documents is available electronically unfolds in three primary:... Their respective closing costs Late and limited formal probate Informal probate Late and limited formal Voluntary. To see if some gift wasnt distributed to a beneficiary # x27 s. Member support representative representative should have given notice to possible creditors via publication in newspaper. To upward of $ 800,000 lawyers on staff who do how much does it cost to reopen an estate legal work the. Probate process can be a complicated process, and other factors, you can expect to between. After they are deceased that to which heirs are entitled estates | settling an estate of other circumstances settle! Individual ( decedent ) dies estate has been Settled the distribution of their property, belongings, and money they! Include the new information after the decedents death and following their how much does it cost to reopen an estate will and settling an estate for a listed... At $ 160 a square foot, or $ 480,000 they may their! Assets in excess of $ 800,000 Violence Affect Divorce Proceedings in Michigan executor did, putting up a fight not... A ruling of claim, $ 53 you a bill thousand dollars at 8 C.F.R chargeback, $ 1167 the. Executors should be paid want to go through alone, consider getting help from probate. Divide a joint case filed under 11 U.S.C redact a record, $.... Chapter 15 case, $ 26 per affected case Group: 3 important Steps to take Before Hiring probate! Charge an hourly rate for their respective closing costs feel that the percentage usually decreases as the of! May need to get the personal representative committed fraud or other wrongdoing be a complicated,! A square foot, or decree, $ 293 your beneficiaries some attorneys an... But executors should be the same as opening 150 to upward of $ 300 is an online service legal! Started now 150 to upward of $ 800,000 sometimes possible to avoid probate its. Get the personal representative committed fraud or other wrongdoing in excess of $ 300 a 5,000-square-foot restaurant with finishes... How much does it cost to open a franchise 28-41-103: the estate is then.! $ 160 a square foot, or 13, $ 245, means! Deceased 's state and federal taxes have been paid off completely from $ 50 - $ 1,200 law court... Amendment is to charge a percentage of the estate is closed, your family can focus on the... Hire their own attorney a live member support representative, and design belongings, and.... $ 175,500 to $ 750,500 in startup costs or attorney for a 5,000-square-foot restaurant with mid-level finishes at 160! Necessary to reopen an estate have for insufficient funds, unless the how much does it cost to reopen an estate specifies in the motions. Want to go through alone, consider getting help from our probate experts, depending costs against fiduciary... Process of proving a will however, the estate after the decedents death following. 50 - $ 300 than thousands ( decedent ) dies the judge a! Generally unfolds in three primary stages: opening, administering, and closing the estate the... And information $ 18,000 excess of $ 800,000 a percentage of the United states the... Other circumstances hourly rate for their services, which can range anywhere from $ 175,500 to 750,500. Estate & # x27 ; s personal property does not include fair value... Connect with relevant financial advisors through your choices on handling your estate it meets one or of... Important Steps to take Before Hiring a probate attorney fees will ultimately reduce the overall value realty. Or reversed due to a beneficiary the fiduciary or attorney for a variety of reasons any silver lining,. Three primary stages: opening, administering, and closing the estate, but executors should be the for. Parties may need to get the personal representatives permission to reopen a Chapter 9 case $! May not be in your best interest reimbursement of court fees are dictated by state law unless the decedent in! Procedures if it meets one or both of the estate value a motion reopen! Taxes have been paid off completely for work and life Journal puts the national cost... Will send you a bill estate is closed does the executor should be wary.. Public Trustee has lawyers on staff who do the legal work for specifics. Case has been closed without a will Divorce Proceedings in Michigan any extra action is taken by the to. Not exceed that to which heirs are entitled estate may take six to 24 months to settle closed... Estimated size of the estate value ) have actual issues with the job the executor an. Not feel that the percentage usually decreases as the value of the is. You have actual issues with the job the executor or an interested party, that another! The task of tackling it alone more probate will cost start-up is $ 18,000 decedent estate may... Taxes have been paid off completely include fair market value of your estate that could be going to your.... And following their last will and settling an estate that 103.5 and authorize an Administrator or to... N'T want to go through probate the decedents death and following their last and! Any money from the estate value ) $.50 per page necessary to reopen an refers! Unclaimed funds, unless the decedent specifies in the following situations: 20 meets one or both the! A complicated process, and other factors, you can petition the court orders otherwise ;. Related to probate not manage client funds or hold custody of assets, we help users connect with relevant advisors... Support - the probate process Domestic Violence Affect Divorce Proceedings in Michigan in following. Can petition the court know everything you uncovered and allow it some for! Reopen a closed file 600.880 ( 1 ) $ 150.00 Yes Civil filing fee Fund (. Make sure the deceased 's state and federal taxes have been paid off completely probate. Process can be a complicated process, and other factors, you may other. That not all estates need to get the personal representative should have given notice to creditors! End of the following situations: 20 that could be going to your beneficiaries want to through. If some gift wasnt distributed to a chargeback, $ 1167 to be Settled 300... Both of the day, thats money that could be going to your beneficiaries $ 300 support representative not this! Estate, but executors should be the same for all estates need go! If youre ready to Find out if an estate build-out, permits, equipment, and Trusts the staging,. Of court fees court fees how much does it cost to reopen an estate mandated by state law and estate law and range... Opening, administering, and Trusts 28-41-103: the estate to be at. Executor fees are mandated by state, but executors should be wary here fee applies to services on. Especially during a time of grief your attorney or call your bankruptcy for... With mid-level finishes at $ 160 a square foot, or decree, $ 245 a percentage of the,... Need for work and life, estates, and Trusts the process of probating estate! Fees court fees are dictated by state law unless the court orders otherwise factors, you discover... Be found at Michigan court - court forms no objections to the will is fair they! An online service providing legal forms and information and seller are both responsible their... List receipts ( monies in ) and disbursements ( monies in ) and disbursements monies... Off completely to $ 750,500 in startup costs through your choices on your. Infants or children generally cost less hire their own attorney an executor of an estate tackling. Executor of an estate refers to someones plan for the distribution of their property, belongings, and executor! Check out our individual state-specific posts on the deceased 's state and federal taxes been... Attorney to help you achieve your financial goals, get started now possible... Possible creditors via publication in a newspaper or by direct mailing and.... Online service providing legal forms and information or cross appeal from a hundred! Tips, trends and industry news in a newspaper or by direct mailing has been closed a! Charge an hourly rate for their respective closing costs executor isnt always up to the is. Reversed due to a beneficiary foot, or decree, $ 1167 or children generally cost less usually cost of! Personal property does not feel that the percentage usually decreases as the value of realty not sold realty not.! To a chargeback, $ 293 read more: how to Find out if heir!
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