Probate and Administration Procedure (Handouts)

Question 1

6 basic steps in typical probate procedure

Answer 1

1. Initiate probate
2. Notify persons of interest
3. Inventory the estate
4. Manage claims
5. Distribute the estate
6. Close the estate

Question 2

4 substeps involved in the “initiation” stage of probate

Answer 2

1. appoint personal representative
2. submit application
3. submit bond/waivers of bond
4. obtain letters testamentary

Question 3

The notification stage involves (1) to (2) and (3), notifying known (4), and (5) notice.

Answer 3

1. sending notice
2. heirs
3. devisees
4. creditors
5. publishing

Question 4

2 substeps in the inventory stage of probate

Answer 4

1. Prepare inventory of all estate assets

2. re-title each asset into the name of the estate

Question 5

2 steps to the “manage claims” step of probate

Answer 5

1. pay valid debts

2. send out notices of disallowance (if necessary)

Question 6

2 steps to the “distribution” phase of probate

Answer 6

1. Determine who the beneficiaries are

2. Transfer assets to beneficiaries

Question 7

In closing the estate, the personal representative must prepare a (1) or (2) and file the (3)

Answer 7

1. final accounting
2. waiver of accounting
3. closing statement

Question 8

8 features of informal administration

Answer 8

1. does not require advance notice (for probate or appointment)
2. initiated by application to the registrar
3. registrar acts on the basis of specified findings (info in application)
4. registrar’s action is legally binding until set aside in a formal proceeding
5. does not determine heirship
6. cannot contest the will in an informal proceeding
7. administration is conducted by the registrar
8. made anytime after 5 days have elapsed since the decedent’s death

Question 9

7 features of formal administration

Answer 9

1. commenced by filing a petition with the probate court
2. must obtain a hearing date and provide notice to all interested parties
3. anyone opposing the petition must plead in response
4. court acts by formal order
5. not necessary in the normal estate
6. can determine heirship
7. used if one wants to contest the will

Question 10

5 features of supervised administration

Answer 10

1. only available when the will directs it and necessary under the circumstances
2. court can deny supervised admin if deemed unnecessary
3. all sales of real property shall be subject to court confirmation
4. no distribution of the estate without prior order from the court
5. supervised admin is terminated by order

Question 11

5 features of small-estate administration

Answer 11

1. property is transferred without the need for probate
2. involves property valued at $100,000 for real property and $75,000 for personal
3. for personal property 30 days must elapse before the process can be completed
4. for real property 6 months must elapse before the process can be completed
5. each procedure involves the preparation of a special affidavity