CHAPTER 10: INFORMAL PROBATE ADMINISTRATION
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 informalappointment
g.closingstatement
h.valid but undischarged claim
i.Statement of Informal Probate
j.court order closing an estate
1.An affidavit signed by the personal representative at the end of informal probate proceedings to close the estate and to bedischarged
2.A court document that accepts an application for informalproceedings
3.A filing with the court by any persons who have an interest in theestate
4.A claim by a creditor of the estate that was not paid during the distribution ofassets
5.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 thecourt
6.Terminates administration
7.An applicant who seeks to be appointed personal representative submits a completed application for informal probate and informalappointment
8.Administration conducted before a judge with notice to interestedpersons
9.An officer of the court who is authorized to act in place of a judge in informalprobate
10.Administration conducted without notice to interested persons by an officer of thecourt
TRUE/FALSE
1.Informal probate generally extends the time required to complete the administration of a decedent’sestate.
2.Informal probate requires the appraisal of estateassets.
3.The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
4.When applying for the informal probate of a will, an applicant must affirm that he/ she is unawareof
any instrument that revokes the will.
5.A person applying for informal appointment does not need to notify any other parties who might have a right to be personalrepresentative.
6.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.
7.If the registrar denies an application for informal proceedings, this usually results in the commencement of formalproceedings.
8.Any party that has an interest of $100 or more in an estate may demand that the personal representative post abond.
9.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.
10.The personal representative is required to give personal notice of informal proceedings to allcreditors.
MULTIPLE CHOICE
1.Who has the highest priority for consideration as personal representative of a decedent’sestate?
a.Other heirs of the decedent
b.Non-devisee surviving spouse of thedecedent
c.Devisee of the decedent other than the spouse
d.Creditor of the decedent
2.Which of the following is NOT required on applications for informal probate of a will or informalappointment?
a.Statement that the time limit for informal probate hasexpired
b.Interest of the applicant in the decedent’s estate
c.Statement indicating the county or city where the proceedings are to takeplace
d.Decedent’s personal information, including name, date of death, domicile, and soon.
3.The registrar will examine the forms submitted for informal proceedings for all of the followingEXCEPT:
a.Evidence that other wills exist
b.Confirmation that two weeks have elapsed since the decedent’sdeath
c.Compliance of the application with the Uniform Probate Code(UPC)
d.Evidence that all who have demanded notice of proceedings have been notified
4.Which is an acceptable method for giving notice of a hearing on a petition to an interestedparty?
a.Personally delivering a copy of the notice 14 days prior to thehearing
b.Publishing the notice in the newspaper every other week for a month if the identity of interested parties isunknown
c.Mailing a copy of the notice at least seven days before the time set for thehearing
d.Publishing the notice in the newspaper at least once, 14 days prior to the hearing
5.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 theestate
d.Obtaining court approval for every item distributed
6.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 marketvalue
b.All real and personal property owned by the decedent at the time ofdeath
c.Administration expenses
d.Identify any encumbrances onassets
7.Which can an informally appointed personal representative choose as a means of closing an estate informally and beingdischarged?
a.A filing of the final account with the court
b.A closingstatement
c.A formal closing
d.A notice of final distribution of assets
8.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 followingEXCEPT:
a.All assets of the estate have been distributed in full to the persons entitled tothem.
b.All federal and state taxes have beenpaid.
c.A notice to creditors was published more than six months before the date of theaffidavit.
d.A copy of the affidavit was mailed to all distributees of theestate.
9.When is the personal representative’s appointment for informal proceedings terminated?
a.When the formal closing ends
b.Automatically upon closing of theestate
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 thecourt
10.Which of the following would necessitate the reopening of anestate?
a.The location of additional omitted property of the decedent after the estate has been closed anddischarged
b.A creditor seeking to collect a valid but undischargedclaim
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 sixmonths after the date of the first publication of notice to creditors