The Participants and the Proper Court
The Participants
• Personal Representative• Attorney• Paralegal• Probate Court• Registrar• Clerk or Court Administrator
Personal Representative
• A person or corporate institution that administers the estate of a decedent
• A position of trust and loyalty– Fiduciary duty
• Must act in good faith on behalf of the estate
Personal Representative Requirements• Letters Testamentary
OR• Letters of Administration• Bond or surety often is not required
Attorney
• Represents the estate• Does not represent the heirs or beneficiaries• Acts as legal adviser for the estate
Paralegal
• Acts under the direction and supervision of the attorney– Drafting of documents– Data collection– Client contact– Cannot give legal advice– Follows up on procedural issues
Probate Court
• Jurisdiction• Ensures that the executor properly
administers the estate by– paying creditors with valid claims– paying taxes due– distributing gifts to heirs or beneficiaries
Probate
• Procedure by which a document is presented to a court to confirm that it is a valid will
• The court may oversee distribution and payments of an estate
Probate Proceedings
• Process of distribution of the estate’s assets and liabilities
Will Contest
• Litigation challenging the validity of a will
Jurisdiction
• The authority of a court to hear and decide on a certain kind of case and have its decision enforced
• Will contests and probate are heard by courts of general jurisdiction
• Compare to venue
Venue
• The particular place where a court having authority may hear and decide a case
Domicile
• The legal home where a person has a true, fixed, and permanent place of dwelling
• Compare with residence
Residence
• A temporary place of dwelling
In Rem Jurisdiction
• Jurisdiction over property
Ancillary Jurisdiction
• Additional administration used to dispose of and distribute that portion of a decedent's estate located in a state other than the decedent's domiciliary state