1. The Participants and the Proper Court
Chapter 7

2. The Participants Personal Representative Attorney Paralegal
Probate Court
Registrar
Clerk or Court Administrator

3. Personal Representative
A person or corporate institution that administers the estate of a decedent
A position of trust and loyalty
Fiduciary duty
Must act in good faith on behalf of the estate

4. Personal Representative Requirements
Letters Testamentary OR
Letters of Administration
Bond or surety often is not required

5. Attorney Represents the estate
Does not represent the heirs or beneficiaries
Acts as legal adviser for the estate

6. Paralegal Acts under the direction and supervision of the attorney
Drafting of documents
Data collection
Client contact
Cannot give legal advice
Follows up on procedural issues

7. Probate Court Jurisdiction
Ensures that the executor properly administers the estate by
paying creditors with valid claims
paying taxes due
distributing gifts to heirs or beneficiaries

8. Probate
Procedure by which a document is presented to a court to confirm that it is a valid will
The court may oversee distribution and payments of an estate

9. Probate Proceedings
Process of distribution of the estate’s assets and liabilities

10. Will Contest
Litigation challenging the validity of a will

11. Jurisdiction
The authority of a court to hear and decide on a certain kind of case and have its decision enforced
Will contests and probate are heard by courts of general jurisdiction
Compare to venue

12. Venue
The particular place where a court having authority may hear and decide a case

13. Domicile
The legal home where a person has a true, fixed, and permanent place of dwelling
Compare with residence

14. Residence
A temporary place of dwelling

15. In Rem Jurisdiction
Jurisdiction over property

16. Ancillary Jurisdiction
Additional administration used to dispose of and distribute that portion of a decedent's estate located in a state other than the decedent's domiciliary state