Probate and Administration Flashcards
1
Q
Jurisdiction
A
The county in which the decedent was domiciled at the time of death has jurisdiction of D’s personal property and any real property
2
Q
Will Contests
A
> Timing: must be made within 120 days after probate is opened or the claim is barred
> Standing: only directly interested parties who stand to benefit financially may contest a will
> Forfeiture clause: CA has held no contest clauses enforceable, but subjects them to strict construction, they are only enforced against direct contests without any probable cause
Personal Rep: duties include inventory and collection of assets, management of assets during administration, receipt/payment of creditor’s claims, distribution of remaining assets, and fiduciary duties of loyalty and care
