Allen v. Estate of Juddine

I concur fully with the main opinion. I write specially to note the in rem nature of a probate proceeding involving a decedent’s estate.

As a former probate judge, I am well aware that often after the administration of an intestate’s estate is begun in the probate court and letters of administration are granted, a purported last will and testament of the decedent is located and filed for probate. In that scenario, a fiduciary/personal representative for the estate— the administrator — serves until the will is admitted to probate and letters testamentary are granted. At that time, a new…