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.
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