CHAPTER 8: PERSONAL REPRESENTATIVES: TYPES,
PRE-PROBATE DUTIES,AND APPOINTMENT
MATCHING
a.special administrator
b.administrator cum testamentoannexo
c.administrator de bonis non
d.public administrator
e.ancillaryadministrator
f.Letters Testamentary
g.Letters of Administration
h.suretybond
i.Decree of Distribution
j.final account
k.disclaimer
1.A court order appointing an administrator of an estate when the decedent diedintestate
2.A court order recognizing that all allowed claims and expenses of an estate have been paid and that all heirs are named and the share of the decedent’s property to which they are entitled islisted
3.A court order admitting a will as valid and authorizing the executor named in the will to handle the administration of the decedent’sestate
4.A certificate in which an individual or corporation promises to pay the probate court a certain amount of money if the personal representative fails to faithfully perform the duties of administering the decedent’sestate
5.A personal representative appointed temporarily by a probate court to handle certain immediate needs of anestate
6.A list made by an executor or administrator of an estate that includes all estate assets that he/she has collected as well as all receipts anddisbursements
7.A person appointed by the court to oversee the administration of a decedent’s estate that is located in a foreignstate
8.A personal representative appointed by the court when a will maker does not name an executor or the named executor cannot serve
9.A public official appointed by the court to administer the property of an intestate who has left no person entitled to apply for appointment as personal representative and Letters ofAdministration
10.A personal representative appointed by the court when a previous personal representative begins but fails to complete administration
11.A petition filed with the court by a beneficiary who wishes to surrender any interest in a will
TRUE/FALSE
1.Court judges are prohibited from being personalrepresentatives.
2.The personal representative is responsible for discovering, collecting, and preserving all probate assets of anyvalue.
3.If a personal representative does not possess adequate skills to discover, collect, and preserve digital assets, he/she should hire someone who has the requisiteknowledge.
4.When a will has been discovered, copies of the will should be prepared for the beneficiaries anddevisees.
5.The attorney is likely to be called in to assist in sorting out a decedent’s estate before the funeral arrangements arecomplete.
6.Only family members should be invited to the familyconference.
7.Property in joint tenancy is a probate asset and should be included in the list of assets subject toprobate.
8.During the family conference, the paralegal should ask whether the decedent made any advancements to any beneficiaries orheirs.
9.The requirements for a bond and surety vary from state to state.
10.Witnesses to a will must appear in court to testify to the validity of thewill.
11.Letters of Authority must be presented to have the decedent’s mail forwarded to the personalrepresentative.
MULTIPLE CHOICE
1.While in the process of administering the estate of his deceased brother, Larry, John also died, and his sister, Sue, having been appointed the new personal representative, is nowthe:
a.Administratrixcum testamentoannexo
b.Public administratrix
c.Administratrixde bonis non
d.Special administratrix
2.A paralegal working with a personal representative might be responsible for all of the followingEXCEPT:
a.Notifying appropriate parties of the decedent’s death
b.Providing certified copies of the death certificate to the funeraldirector
c.Searching for and obtaining the will and other personal businessrecords
d.Setting a date for the family conference
3.Which is a legal obligation of financial institutions with which the decedent didbusiness?
a.To close any demand accounts held by the decedent
b.To encourage those who hold accounts with the decedent to withdraw funds to avoid deathtaxes
c.To cancel all credit card debts
d.To present safe deposit box contents whenever requested
4.During the family conference, the paralegal or the supervising attorneyshould:
a.Provide family members with a list of personaldebts
b.Assume no family members were owed a debt by thedeceased
c.Provide family members with the names of the deceased’s financial advisers
d.Discuss the need for appointing fiduciaries
5.The personal representative will generally NOT need to file a bondif:
a.A corporation is appointed personalrepresentative
b.There is no will
c.The testator requested a bond in thewill
d.A bond is required by statestatute
6.The court may require the subscribing witnesses to testify in court to all of the followingEXCEPT:
a.That they watched the testator sign thewill
b.That they knew the testator and that he/she was legally capable andcompetent
c.That a self-proved will isvalid
d.That the testator declared the document to be thewill
7.Certified copies of the Letters Testamentary or Letters of Administration are needed to do all of the followingEXCEPT:
a.Open an account in the name of theestate
b.Open the decedent’s safe deposit box
c.Withdraw money from existing savings accounts of the decedent
d.Obtain the Letters of Authority
8.What would cause a person applying for Letters Testamentary to be deemed unsuitable?
a.A misdemeanorrecord
b.Residency in the domiciliarystate
c.Being aminor
d.No history of mentalillness
9.Which is NOT performed by an ancillaryadministrator?
a.Providing a petition to prove thewill
b.Collecting assets in a foreignstate
c.Paying any creditors in a foreign state
d.Transferring the balance of the estate to the domiciliaryrepresentative
10.Which is NOT a duty of the personal representative in closing the estate after the distribution ofassets?
a.Signing and filing a petition for settlement and distribution
b.Paying the law firm’s fee
c.Proving that the remaining assets of the estate have been distributed
d.d. Submitting a final account that contains a list of all assets collected