Deck 8: Personal Representatives: Types, Pre-Probate Duties, and Appointment

Question 1

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
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 1

H

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
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 5

Court judges are prohibited from being personal representatives.

Question 6

If a personal representative does not possess adequate skills to discover, collect, and preserve digital assets, he/she should hire someone who has the requisite knowledge.

Question 7

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
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 8

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
A personal representative appointed by the court when a previous personal representative begins but fails to complete administration

Question 9

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
A petition filed with the court by a beneficiary who wishes to surrender any interest in a will

Question 10

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
A list made by an executor or administrator of an estate that includes all estate assets that he/she has collected as well as all receipts and disbursements

Question 11

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

Question 12

Only family members should be invited to the family conference.

Question 13

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
A personal representative appointed temporarily by a probate court to handle certain immediate needs of an estate

Question 14

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
A person appointed by the court to oversee the administration of a decedent's estate that is located in a foreign state

Question 15

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

Question 16

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

Question 17

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
A court order appointing an administrator of an estate when the decedent died intestate

Question 18

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

Question 19

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
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 20

MATCHING:
a.special administrator
b.administrator cum testamento annexo
c.administrator de bonis non
d.public administrator
e.ancillary administrator
f.Letters Testamentary
g.Letters of Administration
h.surety bond
i.Decree of Distribution
j.final account
k.disclaimer
A personal representative appointed by the court when a will maker does not name an executor or the named executor cannot serve

Question 21

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 22

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

Question 23

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

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

Question 24

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

Question 25

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

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

Question 26

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

A)Provide family members with a list of personal debts
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)Discuss the need for appointing fiduciaries

Question 27

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

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

Question 28

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

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

Question 29

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

A)Signing and filing a petition for settlement and distribution
B)Paying the law firm's fee
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

Question 30

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 31

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 32

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