Also known as: probate systems · probate
Written by attorneys · grounded in primary & secondary sources — see below
A court-supervised process for administering and distributing a decedent's estate according to the will or intestacy laws. The process begins upon the property owner's death and requires judicial oversight to validate the will, appoint a personal representative, pay creditors and expenses, and transfer assets to beneficiaries or heirs.
Portia Price created a revocable trust holding investment accounts and real estate. After her death, her probate estate proved insufficient to cover medical debts and funeral costs. Her creditors successfully reached the trust assets under the governing rule to satisfy the shortfall.
Paul Peterson died without a will owning several parcels of land. Title to the parcels transferred directly to his heirs by operation of the probate code rather than by deed. The probate court later issued documents confirming the heirs' ownership to perfect record title.
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Phoebe Park's estate became the subject of competing will contests in state probate court. A federal diversity action seeking to annul the will was dismissed because it would require the federal court to probate or administer the estate.
Pedro Pacheco died intestate leaving an illegitimate son. The probate court applied the state probate act to determine whether the son could inherit, ultimately recognizing the claim after constitutional review of the statute's classification rules.
Pearl Porter's estate published notice to creditors under the state probate code. A known hospital creditor received only publication notice and later challenged the short claim deadline, resulting in a due-process ruling requiring actual notice.
Paige Porter died leaving disputed assets. Heirs attempted to commence informal probate more than three years after death. The probate court denied the petition under the statutory time bar, requiring any later proceeding to meet narrow exceptions.
The probate system requires court supervision to validate a will, appoint a representative, pay claims, and distribute assets. Non-probate transfers such as revocable trusts or payable-on-death accounts pass property directly to beneficiaries without judicial involvement.
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After the settlor dies, creditors may reach trust property that was revocable at death to the extent the probate estate cannot satisfy the claims, subject to the settlor's directions on payment sources.
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The exception bars federal courts from probating or annulling a will or administering an estate under state probate court custody. Claims that do not seek those remedies may proceed in federal court if jurisdiction otherwise exists.
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Known or reasonably ascertainable creditors must receive actual notice of the claims deadline. Publication alone does not satisfy due process for such creditors.
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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…