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