Deck 12: Personal Representatives: Types, pre-Probate Duties, and Appointment

Question 1

MATCHING

A personal representative appointed by the court when a previous personal representative begins but fails to complete administration

Answer 1

C

Question 2

MATCHING

A personal representative appointed by the court when a will maker does not name an executor or the named executor cannot serve

Answer 2

B

Question 3

MATCHING

A certificate in which an individual or corporation promises to pay the probate court a certain amount of money if the personal representative fails to faithfully perform the duties of administering the decedent's estate

Answer 3

H

Question 4

MATCHING

A person appointed by the court to oversee the administration of a decedent's estate that is located in a foreign state

Question 5

Only family members should be invited to the family conference.

Question 6

Property in joint tenancy is a probate asset and should be included in the list of assets subject to probate.

Question 7

MATCHING

A public official appointed by the court to administer the property of an intestate who has left no person entitled to apply for appointment as personal representative and Letters of Administration

Question 8

When a will has been discovered,copies of the will should be prepared for the beneficiaries and devisees.

Question 9

Witnesses to a will must appear in court to testify to the validity of the will.

Question 10

The requirements for a bond and surety vary from state to state.

Question 11

The attorney is likely to be called in to assist in sorting out a decedent's estate before the funeral arrangements are complete.

Question 12

MATCHING

A court order recognizing that all allowed claims and expenses of an estate have been paid and that all heirs are named and the share of the decedent's property to which they are entitled is listed

Question 13

The personal representative is responsible for discovering,collecting,and preserving all probate assets of any value.

Question 14

MATCHING

A court order appointing an administrator of an estate when the decedent died intestate

Question 15

Court judges are prohibited from being personal representatives.

Question 16

MATCHING

A personal representative appointed temporarily by a probate court to handle certain immediate needs of an estate

Question 17

MATCHING

A petition filed with the court by a beneficiary who wishes to surrender any interest in a will

Question 18

MATCHING

A court order admitting a will as valid and authorizing the executor named in the will to handle the administration of the decedent's estate

Question 19

During the family conference,the paralegal should ask whether the decedent made any advancements to any beneficiaries or heirs.

Question 20

MATCHING

A list made by an executor or administrator of an estate that includes all estate assets that he or she has collected as well as all receipts and disbursements

Question 21

A paralegal working with a personal representative might be responsible for all of the following EXCEPT:

A)Providing certified copies of the death certificate to the funeral director
B)Notifying appropriate parties of the decedent's death
C)Searching for and obtaining the will and other personal business records
D)Setting a date for the family conference

Question 22

While in the process of administering the estate of his deceased brother,Larry,John also died,and his sister,Sue,having been appointed the new personal representative,is now the:

A)Administratrix de bonis non
B)Public administratrix
C)Administratrix cum testamento annexo
D)Special administratrix

Question 23

During the family conference,the paralegal or the supervising attorney should:

A)Discuss the need for appointing fiduciaries
B)Assume no family members were owed a debt by the deceased
C)Provide family members with the names of the deceased's financial advisers
D)Provide family members with a list of personal debts

Question 24

The personal representative will generally NOT need to file a bond if:

A)A corporation is appointed personal representative
B)There is no will
C)The testator requested a bond in the will
D)A bond is required by state statute

Question 25

Letters of Authority must be presented to have the decedent's mail forwarded to the personal representative.

Question 26

What would cause a person applying for Letters Testamentary to be deemed unsuitable?

A)Being a minor
B)Residency in the domiciliary state
C)A misdemeanor record
D)No history of mental illness

Question 27

Certified copies of the Letters Testamentary or Letters of Administration are needed to do all of the following EXCEPT:

A)Obtain the Letters of Authority
B)Open the decedent's safe deposit box
C)Withdraw money from existing savings accounts of the decedent
D)Open an account in the name of the estate

Question 28

Which is a legal obligation of financial institutions with which the decedent did business?

A)To close any demand accounts held by the decedent
B)To encourage those who hold accounts with the decedent to withdraw funds to avoid death taxes
C)To cancel all credit card debts
D)To present safe deposit box contents whenever requested

Question 29

Which is NOT performed by an ancillary administrator?

A)Providing a petition to prove the will
B)Collecting assets in a foreign state
C)Paying any creditors in a foreign state
D)Transferring the balance of the estate to the domiciliary representative

Question 30

The court may require the subscribing witnesses to testify in court to all of the following EXCEPT:

A)That a self-proved will is valid
B)That they knew the testator and that he or she was legally capable and competent
C)That they watched the testator sign the will
D)That the testator declared the document to be the will

Question 31

Which is NOT a duty of the personal representative in closing the estate after the distribution of assets?

A)Paying the law firm's fee
B)Signing and filing a petition for settlement and distribution
C)Proving that the remaining assets of the estate have been distributed
D)Submitting a final account that contains a list of all assets collected