Deck 12: Probating a Will and Administering an Estate

Question 1

If the decedent left a will, legatees and devisees can prove their title to the property without probating the will.

Answer 1

False

Question 2

Heirs at law are those persons most nearly related by blood to the decedent and do not include persons related by marriage, such as a spouse.

Answer 2

False

Question 3

Heirs and next of kin are protected by the probate procedure in that

A) their names must be listed on the petition for probate.
B) they are notified of the probate procedure.
C) they are allowed to present objections if legally sound.
D) All of the answers are correct.

Answer 3

D

Question 4

When someone dies, it must first be determined if there is a will.

Question 5

Under the Uniform Probate Code (UPC), formal probate proceedings

A) can be either supervised or unsupervised.
B) are always supervised.
C) are always unsupervised.
D) are neither supervised nor unsupervised.

Question 6

Probating a will means settling and distributing the estate of the deceased person.

Question 7

A ground for contesting a will exists when

A) the will was not properly executed.
B) the testator was not of sound mind.
C) the execution of the will was obtained through fraud or undue influence.
D) All of the answers are correct.

Question 8

The probate process protects the heirs by seeing that their wishes are carried out.

Question 9

The failure to give a will to the probate court after someone dies can be a criminal offense.

Question 10

In intestate cases, probate proceedings begin when someone files a petition for

A) probate.
B) administration.
C) administration with the will annexed.
D) appointment of executor.

Question 11

The probate process may help protect the decedent's property.

Question 12

One of the first duties of a personal representative is to file an account with the court.

Question 13

A detailed list of property owned by the decedent together with its estimated value is a(n)

A) account.
B) citation.
C) inventory.
D) bond.

Question 14

Federal estate taxes must be paid within one year after death.

Question 15

Upon receiving the will and the petition for probate, the court issues an order, called a citation, requiring the petitioner to notify certain people that the petition has been filed.

Question 16

All states require that actual notice of the deadline to file a claim against an estate be delivered to each known or reasonably ascertainable creditor of the deceased.

Question 17

If the person in possession of the will considers it to be invalid, it need not be offered to the court for probate.

Question 18

Although real property is included in the inventory of an estate, it is not usually included in the final account.

Question 19

Supervised administration begins formally but becomes less supervised by the court once the personal representative is appointed.

Question 20

If all interested parties agree to the allowance of a will, neither testimony of witnesses nor affidavits are necessary.

Question 21

A form for petition for probate and administration typically does NOT provide the

A) name of the decedent.
B) decedent's place of burial.
C) decedent's domicile.
D) date of death.

Question 22

When there are not enough assets to pay the legacies and devises in a will, the first that are paid are

A) general legacies and devises.
B) pecuniary legacies.
C) specific legacies and devises.
D) None of the answers are correct.

Question 23

States usually have the following amount of time to file an inventory of the decedent's articles of property.

A) A range of one to six months.
B) Two years.
C) 180 days.
D) 60 days.

Question 24

When an estate is insolvent, the assets of the estate

A) exceed the liabilities.
B) are sufficient to pay the general legacies but not the specific legacies.
C) are insufficient to pay all the debts.
D) are sufficient to pay the specific legacies but not the general legacies.

Question 25

Which of the following matters is NOT typically addressed at a first meeting with a probate client?

A) Whether the decedent died with a valid will.
B) A plan for keeping the family informed of the progress in handling the estate.
C) A final division of assets.
D) A list of all living and deceased heirs of the decedent.

Question 26

If a decedent who owned stock died on a market day, the proper valuation of the stock is the

A) mean between high and low on that day.
B) high on that day.
C) low on that day.
D) bid on that day.

Question 27

Informal proceedings that may be followed when someone dies owning assets below a specific value are called

A) unsupervised administration.
B) independent probate.
C) voluntary administration.
D) All of the answers are correct.

Question 28

A probate in solemn form is also known as a(n)

A) formal probate.
B) unsupervised administration.
C) petition for probate.
D) petition for administration with the will annexed.

Question 29

The administration of an estate in a state in which a decedent owns property that is located in a place other than where the decedent was domiciled is called

A) probate in common form.
B) ancillary administration.
C) informal proceedings.
D) voluntary administration.

Question 30

A self-proof clause is used in probate proceedings to

A) give notice to interested parties.
B) petition for administration.
C) give notice to appear in court.
D) allow admission of a will to probate without the testimony or affidavits of witnesses.