Also known as: probate proceeding · probate
Written by attorneys · grounded in primary & secondary sources — see below
A court-supervised process for administering a decedent's estate. The process includes proving a will if one exists, appointing a personal representative, collecting assets, paying claims and expenses, and distributing remaining property to heirs or devisees.
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After settlor Diego dies, his probate estate holds only modest cash. Creditors holding large unpaid notes file claims in the probate proceedings. The court orders the trustee of Diego's revocable trust to transfer trust property into the estate to satisfy the shortfall.
Pilar Pena dies owning rural acreage. Her will devises the land to her niece. The probate court admits the will, appoints an executor, and the niece receives title by operation of the devise without any deed from the estate.
Pierce Patterson's estate is being administered in state probate court. A federal tax dispute arises over a claimed marital deduction. The federal court treats the state probate decree as persuasive but not binding on the federal revenue question.
Patrick Phan sues in federal court alleging tortious interference with an expected inheritance. The defendant moves to dismiss under the probate exception. The court denies the motion because the claim seeks damages rather than probate or annulment of a will.
Piper Patel sues an estate in federal court within the state probate filing period. The defendant claims the action is untimely under a state statute. The court applies the federal service rule and allows the case to proceed.
Pierre Poulin, an infant, is domiciled in State X. His guardian petitions to intervene in probate proceedings pending in State Y concerning an aunt's estate. State Y law bars foreign guardians from intervening, so the petition is denied.
Federal courts may adjudicate claims that do not require probate or annulment of a will or administration of estate assets already in state probate custody. Claims seeking only damages or other relief outside the probate court's possession fall outside the probate exception.
Property in a trust revocable at the settlor's death becomes subject to the settlor's creditors and estate administration expenses to the extent the probate estate is inadequate. The probate court may order the trustee to contribute trust assets to satisfy those obligations.
…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.…