How does a clerk distinguish between probate and administration proceedings when processing a petition?

• A. By the decedent's age.
• B. By determining whether the decedent left a valid last will and who is named as fiduciary.
• C. By the size of the estate.
• D. By whether the decedent died in the state.

Answer: (B)

The distinction hinges on whether a valid will exists and who is named to handle the estate. If there is a valid last will and testament, the proceeding is probate, and the petition requests admission of the will to probate and the appointment of the fiduciary named in the will—the executor—to manage the estate, collect assets, pay debts, and distribute property according to the will. In that scenario you’ll see references to the will, its date, and the named executor, and the court will issue letters testamentary authorizing the executor to act.

If there is no valid will, or if there is no named fiduciary able to act under the will, the proceeding is administration. The petition seeks to appoint an administrator to oversee the estate and to grant letters of administration, giving the administrator authority to collect assets, pay debts, and distribute according to intestate law.

Choices like the decedent’s age, the estate’s size, or where the decedent died do not determine the type of proceeding; the key indicators are the existence of a valid will and who is named as fiduciary.