Estate Administration - Part A

Question 1

which court handles estate administation?

Answer 1

CC and their clerks

Question 2

proper venue is (in descending priority):

Answer 2

-where the decedent has a house or known place of residence “primary residence”
-where the decedent has real property
-where the decedent died or has personal property

Question 3

what does it mean to probate a will?

Answer 3

the process by which a will is proven or shown to be valid

Question 4

what is required for a holographic will?

Answer 4

the proponent must produce 2 disinterested witnesses who testify that the will is completely in the handwriting of the testator

Question 5

what is an attestation clause?

Answer 5

something that an attested will should have at the end of the will

Question 6

what does an attestation clause do

Answer 6

it is where the witnesses sign; it states that the execution of the will met the formal requirements and that the testator had sufficient capacity to execute the will

Question 7

what happens if one or more of the witnesses who sign the attestation clause are unavailable

Answer 7

the attestation clause provides prima facie evidence that the will was property executed, although the proponent must still authenticate the signatures

Question 8

an attested will can have, but does need to have, a self-proving affidavit: (3)

Answer 8

-signed by both testator and witnesses saying that all the formal requirements for execution have been met
-signed at the same time as the will and is attached to the will
-must be notarized

Question 9

what does a self-proving affidavit do?

Answer 9

removes the need, in most cases (interpartes probate could be an exception) for any witness testimony about the authenticity of the will and the authenticity of the signatures

creates a presumption that the will is valid and should be probated

Question 10

ex parte probate

Answer 10

no prior notice to interested parties; administrator must give written notice within 30 days so interested parties can appeal

Question 11

inter partes probate

Answer 11

a full judicial hearing with notice and a right to a jury; the court may require attesting witnesses to testify even if the will is self-proved

Question 12

what is a personal representative (PR)

Answer 12

manages the decedent’s estate

Question 13

PR named in will

Answer 13

executor

Question 14

court appointed PR

Answer 14

administrator

this could be because of intestacy or named PR is unavailable

Question 15

what are the rules for qualifying an executor or administrator: (2)

Answer 15

-must be 18 years old
-must swear an oath before the clerk or judge

Question 16

what does the qualifier swear in their oath: (2)

Answer 16

-she will faithfully perform the duties to the best of her judgment, and
-to the best of her knowledge that the will in probate is the last true will of the decedent or if they died intestate that no will exists

Question 17

what must the PR do bond wise

Answer 17

post a fiduciary bond equal in value to the decedent’s personal property and to any real property that the will authorizes for sale

Question 18

security bond is required unless: (2)

Answer 18

-all distributees/beneficiaries serve as PRs, or
-will waives security

Question 19

non-resident individual who is appointed to serve as either executor or administrator: (2)

Answer 19

-must consent to service of process in Virginia
-must post security, even if waived in will (unless there is a Virginia resident serving as co-executor or co-admin)