Probate, Administration, and Power of Attorney Flashcards
1
Q
What is the jurisdiction of probate?
A
The place where the decedent was domiciled at the time of death
2
Q
When must probate proceedings begin?
A
At common law, at any time; under the UPC, within three years of death
3
Q
When must a creditor bring his claims?
A
Within a specified time
4
Q
Who must receive notice of probate?
A
Interested parties, including creditors
5
Q
Who can be a personal representative?
A
Either an executor (named in will) or an administrator (court appointee)
6
Q
What are the duties of the personal representative?
A
- Give notice to interested parties
- Inventory and appraisal
- Satisfy debts and distribute assets
- Close the estate
- Fiduciary duties
7
Q
What is a general power of appointment?
A
No restrictions on the person with power of attorney
8
Q
What is a special power of appointment?
A
There are limits on the exercise of power
9
Q
What is a valid power of attorney agreement?
A
Written, signed, and dated.
