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Dependent Administration Generally

Dependent Administration Generally. 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. 1. Collect Probate Assets. Personal representative’s right is superior to heirs and beneficiaries.

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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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