Wills - Estate Administration Flashcards

1
Q

How long is the statute of limitations which applies to claim on decedents’ estates?

A

Must be filed within one year after decedent’s death.

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2
Q

What are the execeptions to SoL on decedents’ estates?

A

(1) Claim was covered by insurance, but only to the extent of the liability insurance coverage.
(2) Proceedings to foreclose on security interest.
(3) Where “justice and equity require it” [i.e. claimant had little no english language]

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3
Q

When are estate administration supervised?

A

All are unsupervised unless a beneficiary heir or creditor petitions for a supervised administration and the court concludes its warranted.

In either form of administration, the personal representative has broad powers exercisable without court approval EXCEPT can’t see real property without court approval unless power of sale is granted in the will.

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