Administration (Wills + Intestacy)

Question 1

testate

TERMINOLOGY

Answer 1

= when a person dies with a will

Question 2

testator

TERMINOLOGY

Answer 2

= person who executes a will

Question 3

intestate

TERMINOLOGY

Answer 3

= when a person dies without a will

Question 4

will

TERMINOLOGY

Answer 4

= written instrument that says where your property goes when you die

Question 5

codicil

TERMINOLOGY

Answer 5

= document executed with same formalities of a will, but modifies or amends a will

Question 6

probate

TERMINOLOGY

Answer 6

= process of establishing a will as the valid last will at death

Question 7

probate estate

TERMINOLOGY

Answer 7

= the estate that is subject to administration at a testator’s death

Question 8

administration

TERMINOLOGY

Answer 8

= process of settling decedent’s affairs and distributing her estate

Question 9

personal representative

TERMINOLOGY

Answer 9

= person who manages the administration of an estate

Question 10

5 key points

RULES AND PROCEDURE

Answer 10

1. Any interested person may file a petition for probate
2. T’s domicile at the time of death, not the place of death, determines the place of “primary” administration of the estate (but “ancillary” administration, including probate, is also necessary wherever property to be administered is located)
3. A will must be probated in order for a person to take under its terms
4. A probated will cannot be collaterally attacked when a specified short statute of limitations after probate has run
5. A lost or destroyed will may be probated, provided its contents can be proved.

Question 11

applicable law

EXAM INSTRUCTIONS

Answer 11

1. wills = tn (compare to UTC)
   intestacy = tn (compare to UTC)
2. trusts = UTC (or majority if UTC silent)
3. non-probate transfers = majority
4. powers of appointment = majority
5. uniform prudent investment act = adopted by tn
6. uniform principle and income act = adopted by tn