Also known as:probate laws · probate · probate code
Written by attorneys · grounded in primary & secondary sources — see below
The body of statutes, rules, and judicial decisions that govern the administration of decedents' estates, the probate of wills, intestate succession, and related matters in probate courts. This body determines how property passes at death, whether by will, operation of law, or through trusts subject to creditor claims when the probate estate proves inadequate.
Sources & Authorities
How it applies
Common Examples
6
Creditors Reach Revocable Trust Assets
Patrick Phan created a revocable trust holding investment accounts and directed that the trust assets pass to his children at death. After Patrick's death the probate estate held only minimal personal property insufficient to cover his outstanding business debts. The creditors petitioned the probate court to reach the trust property under the applicable statute, and the court ordered distribution from the trust to satisfy the claims after funeral expenses and administration costs.
Title Passes by Intestate Succession
Piper Patel died without a will owning a parcel of real property. Under the probate code the property passed by operation of law to her surviving parent and siblings without any deed from Piper. The personal representative later executed a confirmatory deed to perfect record title for the heirs.
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Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Illegitimate Child Inherits from Father
Paige Porter died intestate survived by her father and an illegitimate daughter whose paternity had been established by court order during the father's lifetime. The probate court applied constitutional limits on intestacy statutes and directed that the daughter receive her statutory share alongside other heirs.
Trimble v. Gordon430 U.S. 762, 775 n.16 (1977)
Florida Court Lacks Jurisdiction over Delaware Trustee
Phuong Pham's will exercised a power of appointment over a Delaware trust. After her death the Florida probate court attempted to adjudicate the trust's validity through constructive service on the nonresident trustee. The U.S. Supreme Court held that the Delaware trustee lacked sufficient contacts with Florida, so the Florida judgment could not bind the trust assets.
Hanson v. Denckla357 U.S. 235, 254 (1958)
Federal Service Rules Apply in Probate Suit
Phoebe Park's estate was sued in federal court by a creditor who served the executor by leaving process at his usual place of abode. Massachusetts law required in-hand service within a short limitations period, but the federal rules governed. The Supreme Court held that the federal service method satisfied due process and allowed the action to proceed.
Hanna v. Plumer380 U.S. 460 (1965)
Unwed Father Must Establish Relationship
Pedro Pacheco died intestate survived by a child born out of wedlock. The child's mother had never married the decedent and the father had not established a substantial relationship or provided support. The probate court denied the child's inheritance claim under the statute requiring proof of paternity and relationship, consistent with constitutional standards.
Lehr v. Robertson et al.463 U.S. 248 (1983)
Common questions
Frequently Asked
4
When may creditors reach assets in a revocable trust after the settlor's death?+
Creditors may reach the trust property to the extent the probate estate is inadequate to satisfy claims, administration costs, funeral expenses, and statutory allowances. The statute expressly subjects the trust assets to those obligations after the settlor's death.
Supporting sources
How does title to real property pass when the owner dies without a will?+
Title passes by operation of law under intestate succession statutes without any deed from the decedent. A fiduciary may later execute a confirmatory deed to perfect record title.
Supporting sources
Does a specific devise of mortgaged land carry the lien to the devisee?+
Yes. The devisee takes the property subject to any existing mortgage even when the will directs payment of debts from the general estate. No right of exoneration arises.
Supporting sources
What limits the probate exception to federal diversity jurisdiction?+
Federal courts may not probate or annul a will or administer an estate, but claims that do not seek to reach property in the custody of the probate court may proceed if jurisdictional requirements are met.
Supporting sources
380 U.S. 460 (1965)Conflict of Laws
…creditor, the amount of the claim and the court in which the action has been brought has been filed in the proper registry of probate. . . ." Mass. Gen. Laws Ann., c. 197, § 9 (1958). On October 17, 1963, the District Court granted respondent's motion for summary judgment, citing Ragan v. Merchants Transfer Co. , 337 U.…