Also known as: decedent's estate administration · decedents estate administration · probate · estate administration
Written by attorneys · grounded in primary & secondary sources — see below
The legal process by which a decedent's assets are collected, debts and claims paid, and remaining property distributed to heirs or devisees. The process operates under probate codes and may involve court supervision or statutory procedures that determine title passage without a deed.
After Daniel Diaz died, his probate estate held only modest cash insufficient to cover funeral costs and a large judgment creditor. The personal representative discovered that Daniel had funded a revocable trust with his primary residence before death. Because the probate assets could not satisfy the claims, the creditor reached the trust property to the extent necessary under the governing statute.
Diana Delgado died leaving a will that devised her ranch to her niece. Title to the ranch vested in the niece immediately upon Diana's death even though no deed had been executed. The personal representative later recorded a deed only to perfect the record, confirming that the devise itself transferred ownership by operation of law.
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David Dawson owned real property in two states at death. The domiciliary personal representative opened probate in the home state and petitioned for ancillary administration in the second state to sell the out-of-state parcel and pay local creditors. The court granted the request so that title could be cleared and proceeds returned to the primary estate.
Demetrius Douglas executed a will stating it would take effect only if he failed to return from a planned overseas trip. He survived the trip and died years later without revoking the document. The court refused to admit the will to probate because the stated condition had not occurred, leaving the estate to pass by intestacy.
Dolores Diaz and her husband each signed the other's will by mistake during a joint execution ceremony. After Dolores died, the court reformed the instruments to reflect the obvious mutual intent and admitted the corrected will to probate rather than denying probate on the technical signature error.
Delilah Duran died leaving a contested will and substantial assets. A federal diversity action sought to determine the validity of the will and distribute the property. The court dismissed the suit, holding that federal jurisdiction does not extend to probating a will or administering a decedent's estate already under state probate court control.
Creditors may reach trust assets when the probate estate is inadequate to satisfy claims, costs of administration, funeral expenses, and statutory allowances. The statute subjects the trust property to those obligations to the extent the probate estate falls short.
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Title passes by operation of law upon the testator's death without need for a deed from the decedent. A fiduciary may later execute a deed only to perfect the record title.
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Federal courts lack authority to probate a will or administer a decedent's estate. They may hear ordinary claims between diverse parties that affect the estate only monetarily, but they will not disturb property already in state probate custody.
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…right to refuse treatment was grounded in both the common law and a constitutional right of privacy, the court held that a state probate statute authorized the patient's conservator to order the withdrawal of life-sustaining treatment when such a decision was made in good faith based on medical advice and the conservatee's…