Question
In a Petition for Probate (DE-111), where there is a will, the Petitioner must give notice to all of the following EXCEPT : Group of
In a Petition for Probate (DE-111), where there is a will, the Petitioner must give notice to all of the following EXCEPT:
Group of answer choices
All known creditors (through mail)
All named individuals/organizations in the Will (through mail)
All unknown heirs (through publication in a local newspaper)
All unknown creditors (through publication in a local newspaper)
A paralegal working with a personal representative might be responsible for all of the following EXCEPT:
Group of answer choices
Notifying appropriate parties of the decedent's death
Searching the decedent's home (and office) to locate the will and other personal business records
Preparing a request for certified copies of the death certificate
Setting a date for the family conference
In California, who of the following may file with the DMV to transfer a vehicle without going through Probate?
Group of answer choices
Beneficiary under the decedent's last will and testament
Persons (or their guardians/conservators) who succeeded to the property of the decedent
ALL of the answers are correct
Trustee for the decedent's trust in which the primary beneficiaries are next of kin
Certified copies of the Letters Testamentary or Letters of Administration are needed to do out of all of the following EXCEPT:
Group of answer choices
Open the decedent's safe deposit box
Obtain the Letters of Authority
Withdraw money from existing savings accounts of the decedent
Open an account in the name of the estate
Dagwood died, leaving a Will which named his wife, Blondie, as executrix. Blondie predeceased Dagwood. Many of Dagwood's relatives have asked the California Probate Court to name them as executor/trix of Dagwood's estate. Which one has priority?
Group of answer choices
Dagwood's father, Darwin
Dagwood's grandchild, Roxanne
Dagwood's favorite niece, Cookie
Dagwood's twin brother, Darren
During the family conference, the paralegal or the supervising attorney should:
Group of answer choices
ALL of the answers are correct
Discuss the various forms of protection given by state statutes to surviving spouses and children if there are any, to address concerns about immediate financial matters
Obtain information known by the family (using checklists) regarding the general size and nature of the estate, the personal and business debts of the decedent, and determine whether assets will need to be sold to satisfy debts, taxes and expenses of the estate
Inform any family members that were owed a debt by the deceased of the need to file a claim, and its procedures and time limits
If a personal representative does NOT have California IAEA powers, they can and must do out of all of the following to sell estate property, EXCEPT:
Group of answer choices
Obtain an appraisal for the property and list it at that amount
Sell it in court like an auction
Wait for offers to set a hearing date in the Probate Court
Accept the highest pre-hearing offer
The court may require the subscribing witnesses to testify in court to all of the following EXCEPT:
Group of answer choices
That the testator declared the document to be the will
That they knew the testator and that he/she was legally capable and competent
That they watched the testator sign the will
That a self-proved will is valid
The personal representative will generally NOT need to file a bond if:
Group of answer choices
There is no will
The testator requested a bond in the will
A bond is required by state statute
A corporation is appointed personal representative
Which of the following should the personal representative address with the DMV on behalf of the decedent?
Group of answer choices
return any Disabled Person Placard (if decedent had one) within 60 days
submit the decedent's Driver's License or California Identification Card, whether unexpired or expired
ALL of the answers are correct
maintain vehicle registration until transfer
What would cause a person applying for Letters Testamentary to be deemed unsuitable?
Group of answer choices
A misdemeanor record
No history of mental illness
Being a minor
Residency in the domiciliary state
Under California IAEA authority, a personal representative may do which of the following without seeking Probate Court approval:
Group of answer choices
Close escrow
ALL of the answers are correct
Accept an offer for the property
Find a real estate agent and list the property
What is the legal obligation of Personal Representative with respect to financial institutions with which the decedent did business?
Group of answer choices
To close any credit card accounts held by the decedent and advise of the probate
To present safe deposit box contents to whomever and whenever requested
To encourage those who hold accounts with the decedent to withdraw the funds to reduce the estate's death taxes
To cancel all credit card debts as uncollectable due to the death of the decedent
Mario died testate, allowing IAEA powers to his executor, Sybil, but NOT waiving bond. In going through the checklists, Sybil has determined Mario had personal property and accounts valued at $350,000, a house estimated to be worth $550,000, two life insurance policies, $1 million each, naming his surviving daughter, Teresa as the beneficiary, and an annual income from his 10-unit apartment building of $216,000. What is the maximum amount of bond the California Probate Court can order Sybil to provide?
Group of answer choices
$3,116,000
$2,566,000
$1,116,000
$566,000
Which is NOT a duty of the personal representative in closing the estate after the distribution of assets?
Group of answer choices
Submitting a final account that contains a list of all assets collected
Signing and filing a petition for settlement and distribution
Personally paying the law firm's fee
Proving that the remaining assets of the estate have been distributed
Which is NOT performed by an ancillary administrator?
Group of answer choices
Collecting assets in a foreign state
Providing a petition to prove the will
Transferring the balance of the estate to the domiciliary representative
Paying any creditors in a foreign state
All of the following are California Judicial Forms pertaining to Creditors' Claims EXCEPT:
Group of answer choices
DE-157
DE-172
DE-160
DE-174
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 now the:
Group of answer choices
Administratrix cum testamento annexo
Public administratrix
Administratrix de bonis non
Special administratrix
In which of the following circumstances may a California Probate Court require bond?
Group of answer choices
ALL of the answers are correct
when the will waives bond but a party petitions to request bond
when a majority of the beneficiaries waive bond
when the will waives bond
On January 3, 2022, Simone comes your probate attorney's office asking for assistance with the administration of her father's expansive and complicated estate. He died over the Christmas after being on Hospice for two months. Simone tells you that a Hospice nurse noted the time of death, there was no autopsy, and the Hospice doctor already filed the death certificate. She is worried because "there is a lot going on with my father's estate - several large apartment buildings, six operating California businesses (some with partners), and MANY accounts in his name." She has contacted his credit cards, apartment managers, social security, partners, and several others to notify them of her father's passing but they have politely requested formal proof before dealing with her. The attorney suggests Simone request certified copies of her father's death certificate from the California Department of Health. The attorney explains the Department of Health's process which includes all of the following EXCEPT:
Group of answer choices
the Department of Health is limited to deaths occurring in its county
the processing time is about one week faster for Eletronic submissions than for mail-in requests
the County Recorder Offices can sometimes process requests faster than the Department of Health
the fee for each certified copy is $23In a Petition for Probate (DE-111), where there is a will, the Petitioner must give notice to all of the following EXCEPT:
Group of answer choices
All known creditors (through mail)
All named individuals/organizations in the Will (through mail)
All unknown heirs (through publication in a local newspaper)
All unknown creditors (through publication in a local newspaper)
A paralegal working with a personal representative might be responsible for all of the following EXCEPT:
Group of answer choices
Notifying appropriate parties of the decedent's death
Searching the decedent's home (and office) to locate the will and other personal business records
Preparing a request for certified copies of the death certificate
Setting a date for the family conference
In California, who of the following may file with the DMV to transfer a vehicle without going through Probate?
Group of answer choices
Beneficiary under the decedent's last will and testament
Persons (or their guardians/conservators) who succeeded to the property of the decedent
ALL of the answers are correct
Trustee for the decedent's trust in which the primary beneficiaries are next of kin
Certified copies of the Letters Testamentary or Letters of Administration are needed to do out of all of the following EXCEPT:
Group of answer choices
Open the decedent's safe deposit box
Obtain the Letters of Authority
Withdraw money from existing savings accounts of the decedent
Open an account in the name of the estate
Dagwood died, leaving a Will which named his wife, Blondie, as executrix. Blondie predeceased Dagwood. Many of Dagwood's relatives have asked the California Probate Court to name them as executor/trix of Dagwood's estate. Which one has priority?
Group of answer choices
Dagwood's father, Darwin
Dagwood's grandchild, Roxanne
Dagwood's favorite niece, Cookie
Dagwood's twin brother, Darren
During the family conference, the paralegal or the supervising attorney should:
Group of answer choices
ALL of the answers are correct
Discuss the various forms of protection given by state statutes to surviving spouses and children if there are any, to address concerns about immediate financial matters
Obtain information known by the family (using checklists) regarding the general size and nature of the estate, the personal and business debts of the decedent, and determine whether assets will need to be sold to satisfy debts, taxes and expenses of the estate
Inform any family members that were owed a debt by the deceased of the need to file a claim, and its procedures and time limits
If a personal representative does NOT have California IAEA powers, they can and must do out of all of the following to sell estate property, EXCEPT:
Group of answer choices
Obtain an appraisal for the property and list it at that amount
Sell it in court like an auction
Wait for offers to set a hearing date in the Probate Court
Accept the highest pre-hearing offer
The court may require the subscribing witnesses to testify in court to all of the following EXCEPT:
Group of answer choices
That the testator declared the document to be the will
That they knew the testator and that he/she was legally capable and competent
That they watched the testator sign the will
That a self-proved will is valid
The personal representative will generally NOT need to file a bond if:
Group of answer choices
There is no will
The testator requested a bond in the will
A bond is required by state statute
A corporation is appointed personal representative
Which of the following should the personal representative address with the DMV on behalf of the decedent?
Group of answer choices
return any Disabled Person Placard (if decedent had one) within 60 days
submit the decedent's Driver's License or California Identification Card, whether unexpired or expired
ALL of the answers are correct
maintain vehicle registration until transfer
What would cause a person applying for Letters Testamentary to be deemed unsuitable?
Group of answer choices
A misdemeanor record
No history of mental illness
Being a minor
Residency in the domiciliary state
Under California IAEA authority, a personal representative may do which of the following without seeking Probate Court approval:
Group of answer choices
Close escrow
ALL of the answers are correct
Accept an offer for the property
Find a real estate agent and list the property
What is the legal obligation of Personal Representative with respect to financial institutions with which the decedent did business?
Group of answer choices
To close any credit card accounts held by the decedent and advise of the probate
To present safe deposit box contents to whomever and whenever requested
To encourage those who hold accounts with the decedent to withdraw the funds to reduce the estate's death taxes
To cancel all credit card debts as uncollectable due to the death of the decedent
Mario died testate, allowing IAEA powers to his executor, Sybil, but NOT waiving bond. In going through the checklists, Sybil has determined Mario had personal property and accounts valued at $350,000, a house estimated to be worth $550,000, two life insurance policies, $1 million each, naming his surviving daughter, Teresa as the beneficiary, and an annual income from his 10-unit apartment building of $216,000. What is the maximum amount of bond the California Probate Court can order Sybil to provide?
Group of answer choices
$3,116,000
$2,566,000
$1,116,000
$566,000
Which is NOT a duty of the personal representative in closing the estate after the distribution of assets?
Group of answer choices
Submitting a final account that contains a list of all assets collected
Signing and filing a petition for settlement and distribution
Personally paying the law firm's fee
Proving that the remaining assets of the estate have been distributed
Which is NOT performed by an ancillary administrator?
Group of answer choices
Collecting assets in a foreign state
Providing a petition to prove the will
Transferring the balance of the estate to the domiciliary representative
Paying any creditors in a foreign state
All of the following are California Judicial Forms pertaining to Creditors' Claims EXCEPT:
Group of answer choices
DE-157
DE-172
DE-160
DE-174
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 now the:
Group of answer choices
Administratrix cum testamento annexo
Public administratrix
Administratrix de bonis non
Special administratrix
In which of the following circumstances may a California Probate Court require bond?
Group of answer choices
ALL of the answers are correct
when the will waives bond but a party petitions to request bond
when a majority of the beneficiaries waive bond
when the will waives bond
On January 3, 2022, Simone comes your probate attorney's office asking for assistance with the administration of her father's expansive and complicated estate. He died over the Christmas after being on Hospice for two months. Simone tells you that a Hospice nurse noted the time of death, there was no autopsy, and the Hospice doctor already filed the death certificate. She is worried because "there is a lot going on with my father's estate - several large apartment buildings, six operating California businesses (some with partners), and MANY accounts in his name." She has contacted his credit cards, apartment managers, social security, partners, and several others to notify them of her father's passing but they have politely requested formal proof before dealing with her. The attorney suggests Simone request certified copies of her father's death certificate from the California Department of Health. The attorney explains the Department of Health's process which includes all of the following EXCEPT:
Group of answer choices
the Department of Health is limited to deaths occurring in its county
the processing time is about one week faster for Eletronic submissions than for mail-in requests
the County Recorder Offices can sometimes process requests faster than the Department of Health
the fee for each certified copy is $23
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