Question 1

Which is NOT performed by an ancillary administrator?

Accepted Answer

An ancillary administrator does not provide a petition to prove the will; this is typically the role of the executor or primary administrator in the jurisdiction where the will is being probated. Ancillary administration involves managing assets located in a different jurisdiction from where the decedent was domiciled, including collecting assets, paying creditors, and transferring the remaining assets to the domiciliary representative.

Question 2

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

Accepted Answer

Witnesses to a will generally do not need to appear in court to testify to its validity if the will is properly executed, including being signed in the presence of witnesses who also sign the document. Many jurisdictions allow for "self-proving" wills, which include a notarized affidavit confirming the will's validity, thus avoiding the need for witnesses to appear in court.

Question 3

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

Accepted Answer

Being a minor would cause a person applying for Letters Testamentary to be deemed unsuitable because they are not legally able to perform the duties required.

Question 4

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:

Accepted Answer

An "administratrix de bonis non" is appointed when the original executor or administrator can no longer fulfill their duties, and there is still estate property that hasn't been distributed. Since John died before completing the administration of Larry's estate, Sue, as the new personal representative, takes over the unfinished duties, making her an administratrix de bonis non.

Question 5

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

Accepted Answer

A self-proved will, by definition, includes a notarized affidavit from the witnesses attesting to the validity of the will and the proper execution procedures, which negates the need for witnesses to testify in court regarding its validity.

Question 6

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

Accepted Answer

Discussing the need for appointing fiduciaries is crucial in managing the deceased's estate and ensuring that financial and legal matters are handled appropriately. This is a common practice in estate planning and management.

Question 7

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

Accepted Answer

Obtaining the Letters of Authority (or Letters Testamentary/Letters of Administration) is a step that occurs before one would need certified copies of these documents. The certified copies are used to execute actions on behalf of the estate, such as opening accounts or accessing safe deposit boxes, not for obtaining the letters themselves.

Question 8

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

Accepted Answer

Paralegals may be tasked with various duties related to estate management, but providing certified copies of the death certificate to the funeral director is typically a responsibility of the family or the executor of the estate, not the paralegal. Tasks such as notifying parties of the decedent's death, obtaining important documents, and organizing meetings are more aligned with a paralegal's role.

Question 9

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

Accepted Answer

Paying the law firm's fee is typically a duty of the estate itself, not a personal duty of the personal representative. The personal representative's duties involve managing the estate's assets, including paying valid debts and expenses from the estate funds, not from their personal funds.

Question 10

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

Accepted Answer

Financial institutions are legally obligated to close any demand accounts held by the decedent upon being notified of the death. This is part of the process of settling the decedent's estate. Encouraging withdrawals to avoid taxes, canceling credit card debts, and presenting safe deposit box contents without proper legal process are not legal obligations of financial institutions.

Question 11

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

Accepted Answer

Corporations appointed as personal representatives typically do not need to file a bond because they are considered financially responsible and are regulated by state and federal laws.

Question 12

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

Accepted Answer

Letters of Authority are required to authorize the personal representative of a deceased person's estate to manage the decedent's affairs, including having mail forwarded to them. This is a legal document issued by a probate court.

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