Probate and Estate Administration Fundamentals
The probate process
Probate is the court-supervised process for validating a will, appointing a personal representative (PR), marshaling and valuing assets, paying debts and expenses, and distributing the residue. Know the sequence: petition and notice, appointment (letters testamentary for a will, letters of administration for intestacy), inventory, creditor claim period, accounting, and closing. Candidates should distinguish probate assets (assets titled solely in the decedent's name, payable to the estate) from nonprobate assets (joint tenancy with right of survivorship, POD/TOD designations, life insurance with a named beneficiary, assets held in trust). Only probate assets are subject to the PR's authority and the creditor claims process.
Traps
- A will does not control nonprobate assets; beneficiary designations and survivorship features govern.
- Small-estate or summary administration thresholds vary by jurisdiction, so questions usually signal the rule in the fact pattern rather than expect a memorized dollar figure.
- The PR's duties are fiduciary: loyalty, impartiality among beneficiaries, and prudent administration. Self-dealing and commingling are classic breach scenarios.
- Creditor claims must be paid before distribution; a PR who distributes early can be personally liable.
Rule of thumb
When an asset is titled solely in the decedent's name with no beneficiary designation, assume probate; if it has a survivorship or beneficiary feature, assume nonprobate unless the estate is the named beneficiary.
Worked example
Decedent owns a house titled solely in her name, a joint checking account with her son, and a life insurance policy naming her daughter. Only the house passes through probate; the PR has no authority over the account or the policy proceeds.