Many different participants are involved in the creation of wills and trusts and the administration of estates. This session reviews the basic functions of these participants and describes the role of the proper court in the administration of an estate. Important terms associated with the selection and function of the court, such as probate, jurisdiction, domicile, venue, and ancillary administration, are defined and explained in the second half of the session. ​To learn more about Internet Law purchase the text Wills, Trusts, and Estate Administration from Cengage Learning. Paralegal Power Breaks are short information packed sessions that provide useful career information to paralegals at all career levels. ​ Visit www.rainmakersonline.com to register for future live sessions.

1. The Participants and the Proper Court

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