LEGL 3400

1. Chapter Seven:
Step One – Issuance of Letters of
Appointment

2. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.2
Initial Client Interview

3. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.3
Compile Financial Information
 Required to prepare inventory for the
estate
 Information presented in varying
formats

4. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.4
Determine Heirs/Beneficiaries
 Review will to determine beneficiaries
 Ask family members regarding heirs
 Most states require all interested
persons to be named in the petition.
 Entitled to information regarding the estate

5. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.5
Prepare Petition for Probate
Petition  a document that initiates a
legal proceeding – the probate process
* usually very straightforward
* not difficult to draft

6. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.6
Parts of a Petition to Probate
1. Caption
• Top section of document
• Includes jurisdiction, venue, decedent’s name,
date of death, & docket number
2. Body
• Includes information regarding
executor/administrator, value of estate,
interested parties
• Also includes discussion about will and/or codicil

7. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.7
Parts of Petition to Probate
cont.
3. The Closing
 Varies depending on jurisdiction
 Demands the precise relief sought
 May ask for will to be admitted to probate
 Contains signature line for petitioner
 Include information regarding estate
attorney
 Jurat may be included

8. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.8
Proof of Heirship
A court document that lists the decedent’s
heirs
 Outlines the decedent’s family tree
 Includes relatives’ name, address, and
relationship to decedent
 Used in testate and intestate estates

9. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.9
Notice of Hearing
 Some states require an initial hearing
on the estate administration.
 If so, notice must be sent to interested
persons named in the petition.

10. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.10
Oath
 Personal representative may be
required to take an oath prior to
issuance of the letters of appointment.
 Indicates that person is willing to serve
 Includes a promise to act in a trustworthy,
fiduciary capacity

11. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.11
Bond
Required by the court to be filed by the
personal representative to insure proper
performance of duties
 If waived, certain jurisdictions require
another type of form to be filed.

12. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.12
Orders
A court ruling on an issue raised during a
proceeding.
At this point in the administration process – 3
main orders
1. Order admitting the will/commencing
intestate administration
2. Orders of heirship
3. Orders issuing letters of appointment

13. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.13
Employer Identification
Number (EIN)
The number assigned by the Internal
Revenue Service to an estate to be
used by the estate when preparing tax
returns and paying taxes.
 Application for EIN usually completed at
same time of proof of heirship
 Application – SS4

14. Wills, Trusts, and Probate Law for Paralegals
Gibson
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.14
Obtain Letters of Appointment
 Issued within 2 weeks to 1 month of the
petition
 Grants authority to the personal
representative to act
 Used to conduct business on behalf of
estate