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Dependent Administration Generally

This document outlines the responsibilities and rights of personal representatives during the probate process. It details the collection of probate assets, emphasizing the superior rights of the personal representative over heirs and beneficiaries. Personal representatives must employ ordinary diligence in asset collection and may hire legal counsel, adhering to specific fee approval requirements. Moreover, they are expected to manage the estate prudently but are not liable for declines in asset value. Court approval is often required for significant actions.

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Dependent Administration Generally

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  1. Dependent AdministrationGenerally

  2. 1. Collect Probate Assets • Collect and take possession of all personal property, records books, title papers, etc. of the decedent. • PC § 232 • EC § 351.102

  3. 1. Collect Probate Assets • Personal representative’s right is superior to heirs and beneficiaries. • PC § 37 • EC § 101.003

  4. 1. Collect Probate Assets • Personal representative must use ordinary diligence to obtain the property. • PC §§ 233 & 235 • EC § 351.151

  5. 1. Collect Probate Assets • Personal representative may hire attorney. • Fee ≤ 1/3 = no prior court approval needed • Fee > 1/3 = prior court approval needed • PC §§ 233 & 235 • EC § 351.152

  6. 2. Manage Probate Assets • Personal representative must manage property with the care that a prudent person would take of his or her own property. • PC § 230 • EC § 351.101

  7. 2. Manage Probate Assets • But, personal representative is not an insurer that value of property will not decrease during estate administration. • Personal representative may run the decedent’s businesses. • PC § 230 • EC § 351.101

  8. 3. Act Under Court Control • Except for a few minor things (e.g., pay taxes and insure property), personal representative must: • Ask the court for permission to do something. • Do the act. • Ask the court to approve what was done.

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