3-501. SUPERVISED ADMINISTRATION; NATURE OF PROCEEDING PART 5. SUPERVISED ADMINISTRATION SECTION Uniform Probate Code

3-501. SUPERVISED ADMINISTRATION; NATURE OF PROCEEDING PART 5. SUPERVISED ADMINISTRATION SECTION Uniform Probate Code

 Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent’s estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative, or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this [part], or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.

Comment

This and the following sections of this part describe an optional procedure for settling an estate in one continuous proceeding in the court. The proceeding is characterized as “in rem” to align it with the concepts described by the Model Probate Code (1946). See Model Probate Code Section 62. In cases where supervised administration is not requested or ordered, no compulsion other than self-interest exists to compel use of a formal testacy proceeding to secure an adjudication of a will or no will, because informal probate or appointment of an administrator in intestacy may be used. Similarly, unless administration is supervised, there is no compulsion other than self-interest to use a formal closing proceeding. Thus, even though an estate administration may be begun by use of a formal testacy proceeding which may involve an order concerning who is to be appointed personal representative, the proceeding is over when the order concerning testacy and appointment is entered. See Section 3-107. Supervised administration, therefore, is appropriate when an interested person desires assurance that the essential steps regarding opening and closing of an estate will be adjudicated. See the Comment following the next section.