Guide · Wills and Estates

Probate and Estate Administration: A Comprehensive Guide from Appointment to Final Distribution

29 U.S.C. § 1056

Type
Guide
Jurisdiction
National
Date
2024-10-21
Topic
Wills and Estates

This guide covers probate and estate administration from the moment of death to final discharge, for the personal representative doing the work and the lawyer advising them. Part 1 covers the probate versus non-probate distinction that determines how much of an estate the will controls at all, and why a beneficiary designation defeats a will. Part 2 covers venue, ancillary administration, and the narrow probate exception to federal jurisdiction confirmed in Marshall v. Marshall. Part 3 covers the appointment routes from small estate affidavit to supervised administration, letters, and bond. Part 4 covers the fiduciary duties that attach on qualification and the seven places personal liability actually arises. Part 5 covers the inventory, where assets hide, and the safe-deposit-box circularity problem. Part 6 covers creditor claims, the two-part notice Tulsa Professional requires, priority, and insolvent estates. Part 7 covers the three tax returns, their deadlines, and the portability election that is skipped at great cost. Part 8 covers spousal protections, accounting, distribution, receipts, and discharge, and Parts 9 through 13 cover intestacy, will contests, timelines, worked examples, and practice notes.

Probate and Estate Administration: A Comprehensive Guide from Appointment to Final Distribution

Wills and Estates > Probate | Published 21 October 2024 - Updated 9 February 2025 | UpLaw - uplaw.us

Two questions govern this entire field. Is the asset probate or non-probate? And has the creditor claim period closed? Everything else is sequencing.

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