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NCJ Number: 64691 Add to Shopping cart Find in a Library
Title: ROLE OF COURTS IN THE ADMINISTRATION OF DECEDENTS'
Author(s): N H ALFORD
Date Published: 1979
Page Count: 75
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Dept of Justice
Washington, DC 20530
Contract Number: JAOIA-79-M-4158
Publication Number: FJRP-79/004
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THE ROLE OF COURTS IN THE ADIMINSTRATION OF DECEDENTS' ESTATES IS EXAMINED IN THIS STUDY CONDUCTED FOR THE FEDERAL JUSTICE RESEARCH PROGRAM OF THE U.S. DEPARTMENT OF JUSTICE.
Abstract: A SUMMARY OF GENERAL PROCEDURE AND DOCTRINE DEALING WITH WILLS INTESTATE SUCCESSION, AND THE ADMINISTRATION OF ESTATES AIMS TO SHOW HOW COURTS AND THEIR OFFICERS PARTICIPATE IN THE VARIOUS DECISIONS USUALLY MADE IN HANDLING A DECEDENT'S PROPERTY. NEXT, EXAMINATION OF THE ORGANIZATION OF THE PROBATE COURTS AND THE SYSTEMS FOR SUPERVISING THE ADMINISTRATION OF ESTATES FOCUSES ON COURT JURISDICTIONS, COURTS' POSITION IN THE STATE COURT SYSTEM, THE METHOD OF SELECTION OF JUDGES AND OFFICERS, THEIR USE OR NONUSE OF ADJUNCT ADMINSTRATIVE STRUCTURES, AND THE METHOD OF REVIEW OF THEIR DECISIONS. OBSERVATIONS OF ACTIVITY AT THE PROBATE COURT DECISIONS ARE USED TO EVALUATE COURTS' PERFORMANCE IN SUPERVISING PROBATE AND ADMINISTRATION AND IN ADJUDICATING ISSUES. INSTITUTIONAL ALTERNATIVES DISCUSSED INCLUDE (1) ADOPTION OF THE UNIFORM PROBATE CODE; (2) THE PLACEMENT OF PROBATE IN SPECIALIZED COURTS SEPARATE FROM COURTS OF GENERAL JURISDICTION; (3) A PUBLIC ROLE IN ANY INITIAL DECISION REGARDING THE DESIRABILITY OF AN UNSUPERVISED DISTRIBUTION; (4) PROVISION OF AN OPTION FOR ANTE MORTEM PROBATE TO RESOLVE ISSUES OF EXECUTION, UNDUE INFLUENCE, AND MENTAL CAPACITY; AND (5) THE ENACTMENT OF MULTIPLE INTERSTATE LAWS TO PERMIT CHOICES BY PROPERTY OWNERS AND TO REDUCE COURTS' WORKLOADS. HISTORIES OF BRITISH, AMERICAN AND FOREIGN SYSTEMS OF PROBATE JURISDICTIONS ARE ALSO INCLUDED. (CFW)
Index Term(s): Court of limited jurisdiction; General Jurisdiction Courts; Judicial process; Jurisdiction
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64691

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