Also known as: probate administrations · estate administration · probate
Written by attorneys · grounded in primary & secondary sources — see below
The judicial process by which a decedent's probate estate is administered. Assets owned by the decedent at death are collected, creditors' claims are resolved, taxes and expenses are paid, and remaining property is distributed to heirs or devisees under court supervision.
Phoebe Park created a revocable trust holding investment accounts and died leaving unpaid medical bills. Her probate estate held only personal effects insufficient to cover the debts. The probate court ordered the trust assets applied to satisfy the creditors' claims after the estate proved inadequate.
Paige Porter died without a will owning a rural parcel. The probate court entered an order distributing the land to her heirs under the statute of descent and distribution. No deed from Paige was required. The heirs recorded the decree to perfect marketable title.
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Penelope Price died intestate survived by an acknowledged but illegitimate daughter. The probate court applied constitutional limits on distinctions between legitimate and illegitimate children and ordered the daughter to share in the estate distribution.
Pilar Pena's estate published notice of probate but failed to mail actual notice to a known hospital creditor. The probate court held the publication-only notice violated due process and allowed the late claim to proceed against the estate assets.
Philip Powell's will was denied probate by the probate court. The state legislature later passed a resolution granting a new hearing on the same will. The probate court conducted the rehearing and admitted the will without treating the legislative act as an invalid ex post facto law.
Portia Price died leaving disputed claims over household furnishings. The probate court appointed an administrator, inventoried the items, resolved creditor objections, and ordered final distribution after payment of administration expenses.
After the settlor's death, property in a trust revocable at death is subject to the settlor's creditors and estate administration costs to the extent the probate estate is inadequate. The court may order the trust assets applied after determining the probate estate shortfall.
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Title passes by operation of law through intestate succession or by will through devise. The probate court issues an order or decree that transfers title without requiring a deed from the decedent, though a fiduciary may execute a confirmatory deed.
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Publication notice alone is insufficient for known creditors. Due process requires actual notice by mail or equivalent service so that creditors have an opportunity to present claims before the estate is distributed.
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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…