probate process

Question 1

probate

Answer 1

process in which decedent’s final estate is determined

• protects/satisfies creditors
• quieting contested titles
• protecting T’s interests
• efficiently handling will contests

Question 2

personal representative

Answer 2

• person or entity who administers the estate
• can be paid- doen’t hve to be
• cap on the amount is 5% of amounts paid into or out of the estate

Question 3

executor

Answer 3

• rep who is named in the will

Question 4

administrator

Answer 4

-rep who is appointed by ct

Question 5

priority for choosing an administration

Answer 5

1) survivng spouse
2) principal legatee under will
3) any other legatee under will
4) nearest living relative
5) creditor of decedent
6) any other individual of good character

Question 6

temporary rep

Answer 6

-court can appoint a temporary representative

Question 7

JX

Answer 7

-county and district courts have concurrent JX
over probate matters
-if uncontested, it goes to county
-if contested, goes to dist
rulings can be appealed to appellate court

Question 8

-venue

Answer 8

• proper in county of her domicile at death

- non-resident of TX- venue is proper in the county in which she died or where her assets are located

Question 9

Sol

Answer 9

• probate proceeding must commence within 4 years after decedent’s death, unless good cause
• closing probate- 2 years after commencement

Question 10

notice

Answer 10

-60 days after admitting a will to probate, the rep must give notice to beneficiaries of the intended gift

Question 11

inventory

Answer 11

• 90 days after appointment, the PR must file inventory:
  1) decedent’s assets and
  2) any claims owned to the estate

Question 12

homestead exemption

Answer 12

• protect’s decedent’s home
  1) right to occupancy by the decedent’s spouse and children
  2) shields that title against the claims of the decedent’s creditors

homestead= prop decedent used as home or as a home/business

urban- capped at 10 acres in municipality and served by 3 utilities
rural- capped at 200 (100 if single)

Question 13

occupancy-homestead

Answer 13

• after decedent’s death, surviving spouse and minor children can occupy the homestead
• title- after decedent’s death, SS and minor children can take title to the homestead property unburdened by the claims of decedent’s creditors

Question 14

claims can always be asserted against homestead property

Answer 14

• purchase money liens
• tax liens
• second liens on the homestead under certain circumstances
• owelty of partition- t received less or more than was fair in the partition

Question 15

family allowance

Answer 15

• discretionary amount fixed by court to support the spouse, minor kids, and adult incapacitated children of the decedent
• amount is taken from couples community estate
• lasts for one year from decedent’s death
• standard- to maintain standard of living family had

Question 16

muniment of title

Answer 16

• procedured when the administration of the estate is unnecessary or unavailable
• enables devisees to receive good title to RP
• avoids costs from standard probate
• decedent cannot have outstanding debts (no need to satisfy creditors)
• order admitting a will to probate as muniment of title establishes the devisees as new owners of the RP