Deck 11: The Personal Representative

Question 1

Anyone may petition the court for the removal of a personal representative for cause at any time.

Answer 1

False

Question 2

All states recognize an executor de son tort as a personal representative.

Answer 2

False

Question 3

The chief duties of a special administrator are to collect and preserve the assets of the estate until the executor or administrator is appointed.

Answer 3

True

Question 4

Surviving spouses are second priority to be appointed personal representative.

Question 5

A female who is appointed to administer the estate of an intestate decedent is called an

A) executor.
B) executrix.
C) administrator.
D) administratrix.

Question 6

Individuals who stand behind a fiduciary by agreeing to pay the amount of the bond to the court in the event the fiduciary fails to meet the obligations of the office are called

A) special administrators.
B) executors de son tort.
C) sureties.
D) public administrators.

Question 7

A bond is a written promise by the personal representative to pay the amount of the bond to the court if the representative does not faithfully perform his duties.

Question 8

The duties of the personal representative begin when the final account is allowed by the court.

Question 9

A person appointed to handle the affairs of an estate for a limited time for a special purpose is an administrator de bonis non (d.b.n.).

Question 10

A personal representative cannot resign without the probate court's consent, and then only when a successor personal representative is appointed.

Question 11

A voluntary executor or administrator has a large amount of power.

Question 12

Safeguarding the estate assets is a duty of a paralegal assisting in estate administration.

Question 13

When an administrator does not fully perform the task of settling an intestate estate, a new person appointed to complete the task is called an administrator de bonis non cum testamento annexo.

Question 14

The death of a personal representative terminates the appointment.

Question 15

A voluntary executor has the power to bring a wrongful death action.

Question 16

The certificate of appointment of a personal representative in a testate estate is called

A) letters of administration.
B) letters testamentary.
C) fiduciary letters.
D) None of the answers is correct.

Question 17

A male who is nominated in a will by a testator to serve as personal representative and carry out the directions in the will is called an

A) executor.
B) executrix.
C) administrator.
D) administratrix.

Question 18

The law imposes an average standard of ethical and moral conduct on a fiduciary.

Question 19

When a testator dies and someone who is not nominated in the testator's will is appointed by the court to serve as personal representative, that person cannot be called an executor but is given another title.

Question 20

The duties of the personal representative are to

A) collect and preserve the assets of the estate.
B) pay the debts, taxes, and expenses of administration.
C) distribute the remainder according to the terms of the will or the law of intestate succession.
D) All of the answers are correct.

Question 21

An official appointed to administer the estate of an intestate decedent when no one appears who is entitled to act as administrator is called a(n)

A) public administrator.
B) administrator ad litem.
C) administrator pendente lite.
D) voluntary administrator.

Question 22

When someone dies intestate and leaves assets to be administered, the court must

A) appoint a personal representative to perform that task.
B) not allow the probate of the estate.
C) not allow claims against the estate.
D) administer the estate itself.

Question 23

Which of the following statements is TRUE regarding the personal representative's bond?

A) A bond is an oral promise by the personal representative to pay the amount of the bond to the court if the representative does not faithfully perform his duties.
B) Under the UPC, a bond is not required when an interested person demands that a bond be given.
C) A surety bond contains the signature of the personal representative.
D) In some states, no bond is required if the will includes a provision like the "No Surety on Bond" provision.

Question 24

Which of the following is NOT a duty of a personal representative?

A) Administer the estate.
B) Prepare tax returns.
C) Continue the decedent's business.
D) Prepare the probate account.

Question 25

A person who performs tasks of a personal representative and intermeddles with the property of the decedent without authority is called a(n)

A) administrator pendente lite.
B) executor de son tort.
C) special administrator.
D) executor with the will annexed.

Question 26

A temporary administrator appointed, when there is a will contest, to preserve the assets of the estate during the suit is called a(n)

A) public administrator.
B) administrator ad litem.
C) administrator pendente lite.
D) voluntary administrator.

Question 27

When an executor does not fully perform the task of settling an estate, the new person appointed to complete the task is called an

A) administrator de bonis non.
B) administrator de bonis non cum testamento annexo.
C) administrator cum testamento annexo.
D) executor with the will annexed.

Question 28

A person appointed to administer a testate estate in which the named executor is deceased is called an

A) executor de son tort.
B) executor with the will annexed.
C) administrator with the will annexed.
D) administrator de bonis non.

Question 29

A personal representative may NOT be removed from appointment for the following reason:

A) Becomes insane.
B) Resigns without probate court's consent.
C) Best interest of the estate.
D) Will is found after letters testamentary are granted.

Question 30

When someone dies intestate, which of the following parties may file a petition with the court requesting the appointment?

A) Heirs.
B) Next of kin.
C) Creditors.
D) All of the answers are correct.