1. No Assignments this week!! Just the Discussion board!! Yay – no Homework!!!!

2. There is a quiz – so make sure you take your quiz! Please remember to….

3. Welcome to week #7! :-) This week is a normal week….meaning no papers are due… so just stay on top of the Discussion Board and do your postings….and make sure to take your Week #7 quiz!! Last week we focused on Wills and drafted a Will Agreement. This week….we will begin discussing Estate and Probate Administration.

4. What did you guys think of the Week #6 Will assignment? It was a little more detailed than the Trust Agreement…. But I am sure you guys were all on the right track with everything….

5. Let’s get started…. When a person dies, it is the obligation of his or her personal representative or next of kin to see that the estate is administered according to the estate laws of the state in which the decedent owned property. By the way – I will be referencing examples from our textbook tonight….

6. The process of Administering an Estate can be divided into three broad categories…. 1) pre-probate obligations 2) the actual probate process 3) the distribution and winding up of the estate

7. Pre-Probate The pre-probate concerns of a legal assistanct are to locate all wills executed by the decedent, arrange for a family conference (if needed), to explain the administrative process to the family, and to assist the attorney is providing for the operation of any business that the decedent was responsible for….

8. Pre-probate Process When a person dies, automatically all of his or her bank accounts, brokerage accounts, and other property are sealed pending orders from the appropriate court authorizing a personal representative to deal with the decedent's assets. The accounts and property are frozen in order to protect the government and creditors of the estate. Many times these assets are either jointly held or are used to support a family, and prior to letters being issued by the court some access to this property may be necessary. It is the responsibility of the attorney and paralegal to see that interim authorization is granted by the court. In order to obtain the authorization, several documents must be obtained and prepared

9. Documents Involved in the Pre-probate Process Death certificate Petition to open safe deposit box Petition to search Petition for guardian ad litem Petition for family allowance Petition for interim (preliminary, temporary) letters

10. Probate Administration…. The probate administration of the estate involves petitioning the court for Letters authorizing the personal representative to act on behalf of the estate, regardless of whether the decedent died testate or intestate. The paralegal is responsible for notifying all parties who have an interest in the estate that a petition for administering the estate has been filed with the probate court, and, if any will contest is noted, to assist the attorney in the preparation of the defense of the estate.

11. Distribution of the Estate…. The largest and last phase of estate administration concerns gathering all of the decedent’s assets, determining all liabilities, and seeing that all taxes and debts are paid.

12. What are death certificates? They are the official documents issued by the state Department of Health or local health authority as proof of the death of its citizens. They are usually issued shortly after the death, unless and autopsy is required.

13. What is an Autopsy? Autopsies are required if the decedent dies under violent circumstances, by misadventure, or circumstances that are not readily ascertainable (such as a person who is ill with several medical problems and the exact cause of death could be any of the diseases). Obtaining copies of the death certificate is important because it is necessary as proof of death for the Court. Let’s look at the example on the bottom of page 191 of our textbook….

14. Death Certificate filing…. The death certificate, which includes the date and cause of death, is completed by the family's physician, medical examiner, or the funeral director. It is then filed with the appropriate governmental agency with a copy provided to the decedent's family. The decedent's family may need to obtain several additional certified copies of the death certificate to be used when transferring the decedent's property to the legal beneficiaries. In the formal administration of an estate, the death certificate must be filed with the probate court within a set period of time as prescribed by state statute.

15. Petition to Open a Safe Deposit Box…. There are two circumstances in which the court will be asked to permit the opening of a safe deposit box…. 1) The will of the Decedent cannot be found 2) and if the Decedent shared the safe deposit box with someone else and the other person shows that they need something from it. (Money & Jewelry are not considered important enough to open the safety deposit box). If the Court grants the request to open the safety deposit box, then the box must be opened in front of representatives from the bank and the state taxing authority, and the only item that may be removed from the box is the will or property specified in the court order. Check out the example on the bottom of page 193….

16. Petition to Search…. If the will is not found in the safe deposit box, it may be necessary to search other property of the decendt, such as an office or apartment. There is an example on the bottom of page 195….

17. The official administration of an estate begins with the filing of a petition for probate with the appropriate court…. The Petitioner is the one who is requesting to be appointed as the personal representative of the decedent.

18. 3 types of Probate may be permitted. 1) Formal probate proceedings 2) Summary probate proceedings 3) Informal probate proceedings

19. Formal Probate Proceedings are: Formal probate administration requires the petitioner (proponent) of the will to give notice of the initial hearing to all interested heirs, devisees, and creditors. The reason for this is so the interested parties may contest the validity of the will. At the initial hearing, any of the interested parties may file an objection to the will, if they so desire. Formal probate administration can govern both testate and intestate estates. The time limit to begin probate administration procedures is determined by state statutes.

20. Summary Probate Proceedings…. They are permitted in certain jurisdictions when there is only one will filed, no will contest, and a relatively small estate is involved.

21. Informal Probate Proceedings…. If an estate is not complicated or complex, the administration may be conducted by an informal probate proceeding. Informal probate proceedings vary greatly from jurisdiction to jurisdiction. State statutes set out the requirements for utilizing these types of proceedings. Informal probate proceedings may be held before an officer or registrar of the court. In informal proceedings, the proponent (petitioner) of the will must produce the will with living witnesses before the appropriate court representative to prove the will.

22. Letters of Administration If the decedent dies without a valid will, he or she is deemed to have died intestate. The court is then petitioned to grant Letters of Administration. Letters of Administration are court orders authorizing the personal representative of an intestate to administer the estate.

23. Letters Testamentary If the decedent died with a valid will, the petition requests Letters Testamentary—court authorization for the personal representative of a testate to administer the estate.

24. Notice All persons who have an interest in the estate must be notified that a petition to administer the estate has been filed with the probate court. The persons who are “interested” are: 1)All intestate heirs 2)All persons named in the will and codicils (if they exist) 3)All creditors 4)All persons who were named in earlier will and codicils (if they existed) * There is an example on the bottom of page 211.

25. Probate Hearing The purpose of the hearing is to prove the validity of the will or the fact that no will exists. If someone does challenge the petition, a court date will be set for a complete hearing on the matter. A probate hearing has all of the formalities of a trial, and the paralegal must assist the attorney in all of the litigation preparation. If no challenge is noted, the court will sign the orders granting the petition and authorizing the Letters. There is an example of page 218….

26. Letters Once the court grants the petition, or decides the challenge, it will order letters to be issued to the person it has decided is the decedent's personal representative. The paralegal must obtain the letters from the court and see that any bond, if necessary, is posted on behalf of the personal representative. There is an example on page 219….

27. ABA Model Rule 1.8: Conflict of Interest comes into play…. Rule 1.8 prohibits a lawyer from soliciting or accepting a substantial gift from a client for him or herself or on behalf of a relative of the lawyer, either inter vivos or testamentary, unless the lawyer is related to the client. The members of the law office must be careful to avoid becoming major beneficiaries of a client’s estate; otherwise, the law office is looking at a will contest in the making….

28. Ready for some practice questions? I have a few tonight….

29. True or False? All probate proceedings require notice to be sent to interested parties.

30. False That one is false!

31. True or False? A probate court never supervises the administration of a decedent’s estate.

32. That one is…. False too.

33. Here are some short answer questions…. How does a probate proceeding begin?

34. Answer: By filing a petition.

35. Short answer question…. Who must be notified of a will being filed for probate?

36. The answer is…. Intestate heirs, person named in the will, persons named in earlier wills.

37. Last question…. There are several GENERAL steps to probate an estate – and we covered a lot of them tonite….Who can name some of them in no particular order?

38. Here are just some of the general steps needed to probate an Estate…. 1)Obtain a death certificate 2)Obtain the original will or codicil 3)Obtain an order to search safe deposit box 4)Pay filing fees & Prepare the Petition 5)Send Notice to all interested parties