Probate and Will Contests

Question 1

What is probate property?

Answer 1

Property that passes under intestacy or under the decedent’s will

Question 2

What is nonprobate property?

Answer 2

Passes under an instrument other than a will (e.g., a joint tenancy, life insurance, or pension plan proceeds)

Question 3

Where is jurisdiction proper for probate matters?

Answer 3

The county in which the decedent was domiciled at the time of death.

If the decedent was NOT domiciled in PA, then any county where any of the decedent’s property is located

Question 4

When may a will be offered for probate following the death of the decedent?

Answer 4

At any time after death, but only for good cause if more than 21 years

Question 5

When may the probate court order distribution of the estate without formal probate proceedings?

Answer 5

If the gross value of the decedent’s estate is under $50,000

Question 6

Who may NOT serve as a personal representative of the estate?

Answer 6

1. Anyone under 18, incapable, or subject to removal for cause;
2. A corporation not authorized as a fiduciary;
3. A person, other than named by the will, found by the register to be unfit; and
4. a person charged with voluntary manslaughter or homicide (not homicide by vehicle) in the decedent’s death, unless found not guilty or the charge is withdrawn

Question 7

Who has priority of appointment as the estate’s personal representative?

Answer 7

1. Residuary beneficiaries named in will;
2. Surviving spouse;
3. Next of kin;
4. Principal creditors; and
5. other fit persons

Question 8

What duties does the personal representative of the estate owe?

Answer 8

As a fiduciary, the highest duty of loyalty and care

Question 9

What is the priority of claims against the estate?

Answer 9

1. Costs;
2. Family exemption ($3,500)
3. Funeral expenses and other reasonable health expenses;
4. Cost of a grave marker;
5. 6 months rent
6. Commonwealth claims
7. All others

Question 10

Who has standing to contest a will?

Answer 10

Only those who stand to benefit from it

Question 11

When must a claimant present their claim to the probate court?

Answer 11

Within a year

Question 12

When does an omitted heir have standing to contest a will?

Answer 12

When their interest is substantial, direct, and immediate.

Question 13

When are no-contest clauses unenforceable?

Answer 13

Whenever a claimant has probable cause to contest. Otherwise, they may lose their share entirely

Question 14

When does a testator lack the requisite mental capacity?

Answer 14

When, at the time of the execution, the testator lacked the ability to know the:

1. Nature of the act;
2. Nature and character of his property;
3. Natural objects of his bounty; and
4. Plan of the attempted disposition.

Question 15

When may an insane delusion invalidate a will?

Answer 15

1. If no rational person could reach the same conclusion; and
2. This was the but for cause of the testamentary disposition

Question 16

When may undue influence invalidate a will?

Answer 16

When, by clear and convincing evidence, the contestant establishes:

1. The testator had a weakened intellect at the time of execution;
2. The beneficiary had a confidential relationship with the testator; and
3. The beneficiary received a substantial benefit under the will.

If established, the burden shifts to the proponent to show the absence of undue influence.

Question 17

Can fraud invalidate a will?

Answer 17

Yes, as either a fraudulent misrepresentation, fraud in the inducement, or fraud in the execution