CHAPTER 7: THE PARTICIPANTS AND THE PROPER COURT
MATCHING
a.LettersTestamentary
b.ticklersystem
c.registrar
d.probate (of awill)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
1.Expenses and debtpayments
2.The dwelling in which one temporarily lives orresides
3.The authority of the court over the decedent’sproperty
4.The particular place, city or county, where a court has authority to hear and decide acase
5.The formal document of authority and appointment given to a personal representative by the court to administer a decedent’s estate according to the terms of awill
6.The legal home where a person has a true, fixed, and permanent place of dwelling and to which the person intends to return whenabsent
7.The authority by which a particular court is empowered by statute to decide a certain kind of case and to have its decisionenforced
8.A chronological list of all the important steps and dates in the stages of the administration of a decedent’sestate
9.The procedure by which a document is presented to the court to confirm it is a validwill
10.A person designated by a judge to perform the functions of the court in informalproceedings
TRUE/FALSE
1.A personal representative is obligated to act in good faith solely for the benefit of another person.
2.If a personal representative is a man, he is referred to as anexecutrix.
3.A personal representative has a duty to commence a civil lawsuit for claims on behalf of the estate whennecessary.
4.A personal representative does not have to be appointed by the court if the will clearly states who the decedent wished to serve as the personalrepresentative.
5. A personal representative generally handles all the estate administration duties on his/her own.
220 Test Bank
6.An attorney or paralegal should never solicit or suggest that he/she be made personal representative if hired to draft awill.
7.Paralegals handle many of the time-consuming details of administering a decedent’sestate.
8.Residence determines venue.
9.A decedent’s will must be entered into probate only in his/her domiciliary state even if he/she owns property in otherstates.
10.A personal representative can act as the ancillary administrator in allstates.
MULTIPLE CHOICE
1.Who is NOT involved in the preparation of wills and trusts and the administration of a decedent’sestate?
a.Probate court
b.Personal representative of the estate
c.Paralegal
d.Beneficiary
2.Which is a responsibility of the personal representative?
a.Administering oaths in court
b.Preparing a preliminary draft of thewill
c.Publishing a notice to creditors to submit their claims by a specificdate
d.Keeping records and acting on behalf of thecourt
3.Which is the responsibility of a courtclerk?
a.Authenticating and certifying copies of documents
b.Keeping records and acting on behalf of thecourt
c.Executing the final draft of awill
d.Collecting, protecting, preserving, and managing the probate estate of the decedent
4.Which is the responsibility of aparalegal?
a.Distributing the remaining assets to the beneficiaries named in thewill
b.Assisting in the execution of the final draft of awill
c.Ensuring that the personal representative properly administers theestate
d.Keeping records and acting on behalf of thecourt
5.Which circumstance would NOT make the personal representative’s job more difficult?
a.Creditors cannot be found.
b.Heirs cannot befound.
c.Someone contests thewill.
d.Someone contests the representative’s payment tocreditors.
6.Which is a pre-probate duty of the personalrepresentative?
a.Opening an estate checking account
b.Helping to find and review any existingwill
c.Notifying the surviving spouse and/or minor children of theirrights
d.Appraising all assets by value at the time of the decedent’sdeath
7.Which is NOT an aspect of the personal representative’s duties to protect, collect, andpreserve
assets?
a.Finding and reviewing all documents, records, and papers concerning the decedent’s financialaffairs
b.Taking possession of all personal property not set aside for the spouse and/or minor children
c.Locating and notifying witnesses of the testator’sdeath
d.Determining whether the decedent gave any gifts that would require a gift taxreturn
8.Which is NOT a probate task of the paralegal?
a.Filing legal documents
b.Maintaining records of all collectedassets
c.Helping to locate the will, ifrequested
d.Handling communication with parties holding assets, creditors, beneficiaries, andheirs
9.Jurisdiction is generally determined by thedecedent’s:
a.Residence
b.Domicile
c.Will
d.Venue
10.Ancillary administration in the foreign state generally includes all of the following proceduresEXCEPT:
a.Transfer of the decedent’s personal property to persons entitled to the property according to the foreign state’s intestate successionstatute
b.Payment of taxes imposed by the foreign state to thatstate
c.Acceptance by the foreign state court of the will admitted to probate in the decedent’s domiciliarystate
d.Issuance of letters of authority that permit the real property to be transferred to thedesignated
devisee named in the will