A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. For the devolution of property not disposed of by will, see inheritance and intestacy.
Intestacy is the condition of the estate of a person who dies without having made a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. The role of an executor should not be confused with that of an executioner, a person who carries out a death sentence ordered by a government or other legal authority.
Estate planning is the process of anticipating and arranging, during a person's life, for the management and disposal of that person's estate during the person's life and at and after death, while minimizing gift, estate, generation skipping transfer, and income tax. Estate planning includes planning for incapacity as well as a process of reducing or eliminating uncertainties over the administration of a probate and maximizing the value of the estate by reducing taxes and other expenses. The ultimate goal of estate planning can be determined by the specific goals of the client, and may be as simple or complex as the client's needs dictate. Guardians are often designated for minor children and beneficiaries in incapacity.
James Howard Marshall II was an American businessman, academic, attorney, and government official. His life spanned nine decades and almost the entire history of the oil industry. He was involved with and invested in the oil industry via academic, government and commercial endeavors. Marshall was married to model and celebrity Anna Nicole Smith during the last 14 months of his life. His estate became the subject of protracted litigation which was reviewed by the Supreme Court in Marshall v. Marshall and Stern v. Marshall.
Reed v. Reed, 404 U.S. 71 (1971), was an Equal Protection case in the United States in which the Supreme Court ruled that the administrators of estates cannot be named in a way that discriminates between sexes.
De bonis non administratis, Latin for "of goods not administered," is a legal term for assets remaining in an estate after the death or removal of the estate administrator. The second administrator is called the administrator de bonis non and distributes the remaining assets. In the Uniform Probate Code, these titles have been replaced by successor personal representative.
In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal representative is either an executor if the deceased person left a will or an administrator of an intestate estate. In other situations, the personal representative may be a guardian or trustee, or other position. As a fiduciary, a personal representative has the duties of loyalty, candor or honesty, and good faith. In the United States, punctilio of honor, or the highest standard of honor, is the level of scrupulousness that a fiduciary must abide by.
Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living having been validly appointed under the deceased's will. Traditionally, letters of administration granted to a representative of a testate estate are called "letters of administration with the will annexed" or "letters of administration cum testamento annexo" or "c.t.a.".
A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth.
New Hampshire Probate Court in the U.S. state of New Hampshire, is the court which has jurisdiction over trusts, wills, and estates, adoptions, termination of parental rights, name changes, guardianship of incapacitated persons, guardianship of minors, partition of property and involuntary admissions. Each of the ten counties has a probate court. Full-time judges assigned to Belknap, Hillsborough, Merrimack, Rockingham and Strafford counties, with the remaining counties having part-time judges.
Marshall v. Marshall, 547 U.S. 293 (2006), is a case in which the United States Supreme Court held that a federal district court had equal or concurrent jurisdiction with state probate (Will) courts over tort claims under state common law. The case drew an unusual amount of interest because the petitioner was Playboy Playmate and celebrity Anna Nicole Smith. Smith won the case, but unsolved issues regarding her inheritance eventually led to another Supreme Court case, Stern v. Marshall. She died long before that case was decided.
The Supreme Court of Norfolk Island is the superior court for Australian territory of Norfolk Island. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters. It also has jurisdiction over the Coral Sea Islands Territory. All matters are heard before a single judge, including appeals from the Court of Petty Sessions. In the Australian court hierarchy it is one of eight state and territory Supreme Courts having unlimited jurisdiction in their respective parts of Australia. Appeal lies to the Federal Court of Australia, from which an appeal by special leave can be made to the High Court of Australia.
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.
Hess v. Reynolds, 113 U.S. 73 (1885), was Supreme Court case determining whether a probate case from Michigan should be moved to federal court and, if so, which federal court should hear it. The court issued a writ of error on the judgment of the Eastern District of Michigan federal court for remanding a case back to the state court and determined that was indeed the appropriate federal court to hear the case.
Morgan v. Hamlet, 113 U.S. 449 (1885), was a bill in equity filed by the appellants, September 3, 1879.
A probate court is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans' Courts, or courts of ordinary. In some jurisdictions probate court functions are performed by a chancery court or another court of equity, or as a part or division of another court.
The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.
The Probate and Family Court of Massachusetts has jurisdiction over family matters such as divorce, paternity, child support, custody, visitation, adoption, termination of parental rights, and abuse prevention. Probate matters include jurisdiction over wills, administrations, guardianships, conservatorships and change of name. The Court also has general equity jurisdiction.
