Exam 13: Probate and Estate Administration

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Creditors can contest a will,but they cannot challenge the appointment of a personal representative.

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False

Beneficiaries or heirs and creditors of the decedent

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A

A filing with the court that a person seeking appointment as personal representative uses when there is no will

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E

A court order that fixes a date,time,and place for hearing the petition to prove a will or for administration; the petitioner is required to give notice of the hearing to all interested persons

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An identification of the fiduciary responsible for preparing the fiduciary income tax return and for paying any tax due

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A complete physical check of all probate assets owned by the decedent and a detailed listing of these and their estimated fair market value at the time of the decedent's death

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Prior to a hearing,a paralegal might be asked to assemble data on nonprobate property.

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Which will NOT be issued by the court during the special administration process?

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Checks from the estate checking account do all of the following EXCEPT:

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Which procedure occurs during the final account and closing of the estate phase?

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To establish jurisdiction,the petition to prove a will must generally include:

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When settling a small estate,Collection by Affidavit is generally allowed in all of the following situations EXCEPT:

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If a decedent leaves real property in another state,the paralegal will need to check the foreign state's statutes to determine the qualifications and residency requirements of the ancillary administrator.

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Summary Administration is allowed for certain small estates.

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Estate administration may NOT be needed if:

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Probate and estate administration are the only methods of settling an estate.

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A form of administration that is generally limited to small estates that have survivors,which include a spouse and minor children,and insufficient assets to pay all creditors

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A form of estate administration used in a few states that is essentially free of court supervision or intervention

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All states are required to adopt the Uniform Probate Code UPC).

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Under the Uniform Probate Code UPC),formal probate is conducted under the supervision of a judge without notice to interested persons.

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