Estate Administration - Part A Flashcards
which court handles estate administation?
CC and their clerks
proper venue is (in descending priority):
-where the decedent has a house or known place of residence “primary residence”
-where the decedent has real property
-where the decedent died or has personal property
what does it mean to probate a will?
the process by which a will is proven or shown to be valid
what is required for a holographic will?
the proponent must produce 2 disinterested witnesses who testify that the will is completely in the handwriting of the testator
what is an attestation clause?
something that an attested will should have at the end of the will
what does an attestation clause do
it is where the witnesses sign; it states that the execution of the will met the formal requirements and that the testator had sufficient capacity to execute the will
what happens if one or more of the witnesses who sign the attestation clause are unavailable
the attestation clause provides prima facie evidence that the will was property executed, although the proponent must still authenticate the signatures
an attested will can have, but does need to have, a self-proving affidavit: (3)
-signed by both testator and witnesses saying that all the formal requirements for execution have been met
-signed at the same time as the will and is attached to the will
-must be notarized
what does a self-proving affidavit do?
removes the need, in most cases (interpartes probate could be an exception) for any witness testimony about the authenticity of the will and the authenticity of the signatures
creates a presumption that the will is valid and should be probated
ex parte probate
no prior notice to interested parties; administrator must give written notice within 30 days so interested parties can appeal
inter partes probate
a full judicial hearing with notice and a right to a jury; the court may require attesting witnesses to testify even if the will is self-proved
what is a personal representative (PR)
manages the decedent’s estate
PR named in will
executor
court appointed PR
administrator
this could be because of intestacy or named PR is unavailable
what are the rules for qualifying an executor or administrator: (2)
-must be 18 years old
-must swear an oath before the clerk or judge
what does the qualifier swear in their oath: (2)
-she will faithfully perform the duties to the best of her judgment, and
-to the best of her knowledge that the will in probate is the last true will of the decedent or if they died intestate that no will exists
what must the PR do bond wise
post a fiduciary bond equal in value to the decedent’s personal property and to any real property that the will authorizes for sale
security bond is required unless: (2)
-all distributees/beneficiaries serve as PRs, or
-will waives security
non-resident individual who is appointed to serve as either executor or administrator: (2)
-must consent to service of process in Virginia
-must post security, even if waived in will (unless there is a Virginia resident serving as co-executor or co-admin)
