Deck 10: Informal Probate Administration

Question 1

A person who has a financial or property interest in an estate must file a demand for notice of any order or filing related to the estate within 120 hours of the passing of the decedent.

Answer 1

False

Question 2

Any party that has an interest of $100 or more in an estate may demand that the personal representative post a bond.

Answer 2

False

Question 3

A person applying for informal probate of a will does not need to notify parties interested in the estate unless they have filed a written demand to be notified.

Answer 3

True

Question 4

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
Settlement of an estate in which some proceedings may be handled by the probate court but most of the administration takes place informally, out of the court

Question 5

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
Terminates administration

Question 6

Informal probate requires the appraisal of estate assets.

Question 7

The personal representative is required to give personal notice of informal proceedings to all creditors.

Question 8

Informal probate generally extends the time required to complete the administration of a decedent's estate.

Question 9

When applying for the informal probate of a will, an applicant must affirm that he/ she is unaware of any instrument that revokes the will.

Question 10

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
A claim by a creditor of the estate that was not paid during the distribution of assets

Question 11

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
Administration conducted without notice to interested persons by an officer of the court

Question 12

The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.

Question 13

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
A court document that accepts an application for informal proceedings

Question 14

A person applying for informal appointment does not need to notify any other parties who might have a right to be personal representative.

Question 15

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
Administration conducted before a judge with notice to interested persons

Question 16

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
An affidavit signed by the personal representative at the end of informal probate proceedings to close the estate and to be discharged

Question 17

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
A filing with the court by any persons who have an interest in the estate

Question 18

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
An officer of the court who is authorized to act in place of a judge in informal probate

Question 19

If the registrar denies an application for informal proceedings, this usually results in the commencement of formal proceedings.

Question 20

MATCHING:
a.in and out method
b.formal proceedings
c.informal proceedings
d.registrar
e.commencement of informal probate
f.demand to be notified of petitioner's application for informal probate or informal appointment
g.closing statement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
An applicant who seeks to be appointed personal representative submits a completed application for informal probate and informal appointment

Question 21

Which is NOT a duty of the personal representative during informal probate?

A)Providing a final account
B)Paying creditors' claims
C)Holding and managing the estate
D)Obtaining court approval for every item distributed

Question 22

The affidavit signed by the personal representative at the end of informal probate proceedings to close the estate and to be discharged must verify all of the following EXCEPT:

A)All assets of the estate have been distributed in full to the persons entitled to them.
B)All federal and state taxes have been paid.
C)A notice to creditors was published more than six months before the date of the affidavit.
D)A copy of the affidavit was mailed to all distributees of the estate.

Question 23

Who has the highest priority for consideration as personal representative of a decedent's estate?

A)Other heirs of the decedent
B)Non-devisee surviving spouse of the decedent
C)Devisee of the decedent other than the spouse
D)Creditor of the decedent

Question 24

Which of the following is NOT required on applications for informal probate of a will or informal appointment?

A)Statement that the time limit for informal probate has expired
B)Interest of the applicant in the decedent's estate
C)Statement indicating the county or city where the proceedings are to take place
D)Decedent's personal information, including name, date of death, domicile, and so on.

Question 25

The registrar will examine the forms submitted for informal proceedings for all of the following EXCEPT:

A)Evidence that other wills exist
B)Confirmation that two weeks have elapsed since the decedent's death
C)Compliance of the application with the Uniform Probate Code (UPC)
D)Evidence that all who have demanded notice of proceedings have been notified

Question 26

Which is an acceptable method for giving notice of a hearing on a petition to an interested party?

A)Personally delivering a copy of the notice 14 days prior to the hearing
B)Publishing the notice in the newspaper every other week for a month if the identity of interested parties is unknown
C)Mailing a copy of the notice at least seven days before the time set for the hearing
D)Publishing the notice in the newspaper at least once, 14 days prior to the hearing

Question 27

Which of the following would necessitate the reopening of an estate?

A)The location of additional omitted property of the decedent after the estate has been closed and discharged
B)A creditor seeking to collect a valid but undischarged claim
C)The personal representative committed fraud or inadequate disclosure to a creditor related to the settlement of the decedent's estate
D)A claim against a decedent's estate that arose before the decedent's death is presented six months after the date of the first publication of notice to creditors

Question 28

Which can an informally appointed personal representative choose as a means of closing an estate informally and being discharged?

A)A filing of the final account with the court
B)A closing statement
C)A formal closing
D)A notice of final distribution of assets

Question 29

Within the time set by state statute, the personal representative must prepare an inventory that includes all of the following EXCEPT:

A)A valuation of the assets at fair market value
B)All real and personal property owned by the decedent at the time of death
C)Administration expenses
D)Identify any encumbrances on assets

Question 30

When is the personal representative's appointment for informal proceedings terminated?

A)When the formal closing ends
B)Automatically upon closing of the estate
C)When the personal representative has completed all duties that he/she is required to perform
D)One year after the closing statement is filed, if no proceedings involving the personal representative are pending in the court