A probate court approved a motion to amend the list of heirs in the estate of Mark Allen Cummings after counsel discovered additional living descendants who were not included in the original petition.
Attorney for the administrator told the court the decedent, Mark Allen Cummings, died June 27, 2022, and that earlier filings contained a typographical error in the date of death. Counsel submitted a family flow chart and said that several adult descendants of predeceased siblings had been inadvertently omitted from the petition and should be added as heirs at law under the intestate succession rules.
The record identifies multiple relatives who were not initially listed: children of John Linus Cummings (Sherrell Cummings Farmer, John Lewis Cummings, and Brian Keith Cummings) and children of Darcy Ray Butler (Kristen Sugg and Ashley Sugg). Counsel said the administrator, Michael Cummings, and other potential heirs participated by Zoom and that there was no opposition among beneficiaries to adding the omitted heirs. The court approved the motion and instructed counsel to prepare an amended order reflecting the additional heirs.
No contested objections to adding the heirs were recorded. The judge noted the amended findings should be reduced to a written order for the docket and thanked counsel for the investigatory work that produced the additional heirs.
The transcript includes a notation that the estate is intestate (no will found) and that the matter will proceed in probate consistent with statutory intestacy rules.