WILLS & ESTATES EXAM ACTUAL QUESTIONS AND ANSWERS
Court judges are prohibited from being personal representatives. - CORRECT ANSWER✅✅ANS: T
True
Correct. Noncitizens of the United States and nonresidents of the domiciliary state may be disqualified
as being unsuitable to be personal representatives.
False
Incorrect. Convicted felons and minors are also prohibited from being personal representatives.
The personal representative is responsible for discovering, collecting, and preserving all probate assets
of any value. - CORRECT ANSWER✅✅ANS: T
True
Correct. The personal representative must also manage the probate estate if it includes real estate.
False
Incorrect. Although the personal representative must make a list of nonprobate assets, he/she is not
responsible for discovering, collecting, or preserving them.
If a personal representative does not possess adequate skills to discover, collect, and preserve digital
assets, he/she should hire someone who has the requisite knowledge. - CORRECT ANSWER✅✅ANS: T
True
Correct. If the personal representative is not competent to handle this portion of the estate, he/she
should hire a third party who can assist him/her.
False
Incorrect. If a personal representative is not technology competent, he/she could be held liable for
mismanagement of the estate.
When a will has been discovered, copies of the will should be prepared for the beneficiaries and
devisees. - CORRECT ANSWER✅✅ANS: T
True
Correct. A summary of the contents of the will should also be included.
False
Incorrect. The original will must be given to the probate court.
,The attorney is likely to be called in to assist in sorting out a decedent's estate before the funeral
arrangements are complete. - CORRECT ANSWER✅✅ANS: F
False
Correct. Copies of the death certificate are obtained from the funeral director after the attorney has
been employed.
True
Incorrect. The funeral director obtains the necessary burial permits and death certificate.
Only family members should be invited to the family conference. - CORRECT ANSWER✅✅ANS: F
False
Correct. All persons named in a will, or heirs, if there is no will, should be invited to attend.
True
Incorrect. Nonfamily members may be named in the will.
Property in joint tenancy is a probate asset and should be included in the list of assets subject to
probate. - CORRECT ANSWER✅✅ANS: F
False
Correct. Property in joint tenancy is nonprobate property.
True
Incorrect. Property in joint tenancy passes directly to the joint tenant.
During the family conference, the paralegal should ask whether the decedent made any advancements
to any beneficiaries or heirs. - CORRECT ANSWER✅✅ANS: T
True
Correct. Such advancements could have direct bearing on the estate.
False
Incorrect. This is true in all cases.
The requirements for a bond and surety vary from state to state. - CORRECT ANSWER✅✅ANS: T
,True
Correct. State statutes may or may not require bonds.
False
Incorrect. Some states require a bond for all personal representatives.
Witnesses to a will must appear in court to testify to the validity of the will. - CORRECT
ANSWER✅✅ANS: F
False
Correct. A signed affidavit may be used to prove a will.
True
Incorrect. A self-proved will removes the need for witness testimony.
Letters of Authority must be presented to have the decedent's mail forwarded to the personal
representative. - CORRECT ANSWER✅✅ANS: T
True
Correct. Letters of Authority are also required to withdraw funds from the decedent's bank accounts.
False
Incorrect. Letters of Authority show that the personal representative is the authorized representative of
the estate.
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:
a. Administratrix cum testamento annexo
b. Public administratrix
c. Administratrix de bonis non
d. Special administratrix - CORRECT ANSWER✅✅ANS: C
Administratrix de bonis non
Correct. De bonis non means "administrator of goods not administered." Administratrix cum testamento
annexo
Incorrect. This might have been true if John had been unqualified to serve.
, Public administratrix
Incorrect. A public administrator is not a blood relative.
Special administratrix
Incorrect. A special administratrix is a temporary administrator of the estate.
A paralegal working with a personal representative might be responsible for all of the following EXCEPT:
a. Notifying appropriate parties of the decedent's death
b. Providing certified copies of the death certificate to the funeral director
c. Searching for and obtaining the will and other personal business records
d. Setting a date for the family conference - CORRECT ANSWER✅✅ANS: B
Providing certified copies of the death certificate to the funeral director
Correct. The paralegal will obtain copies of the death certificate from the funeral director.
Notifying appropriate parties of the decedent's death
Incorrect. The paralegal might need to research the locations of all appropriate parties so as to notify
them.
Searching for and obtaining the will and other personal business records
Incorrect. The paralegal will work with the personal representative to gain access as needed.
Setting a date for the family conference
Incorrect. The paralegal will set the date after contacting the appropriate persons.
Which is a legal obligation of financial institutions with which the decedent did business?
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 death taxes
c. To cancel all credit card debts
d. To present safe deposit box contents whenever requested - CORRECT ANSWER✅✅ANS: A
To close any demand accounts held by the decedent Correct. Demand accounts include all checking
accounts. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole
or in part.
To encourage those who hold accounts with the decedent to withdraw funds to avoid death taxes
Incorrect. Banks should prevent this from happening.
Court judges are prohibited from being personal representatives. - CORRECT ANSWER✅✅ANS: T
True
Correct. Noncitizens of the United States and nonresidents of the domiciliary state may be disqualified
as being unsuitable to be personal representatives.
False
Incorrect. Convicted felons and minors are also prohibited from being personal representatives.
The personal representative is responsible for discovering, collecting, and preserving all probate assets
of any value. - CORRECT ANSWER✅✅ANS: T
True
Correct. The personal representative must also manage the probate estate if it includes real estate.
False
Incorrect. Although the personal representative must make a list of nonprobate assets, he/she is not
responsible for discovering, collecting, or preserving them.
If a personal representative does not possess adequate skills to discover, collect, and preserve digital
assets, he/she should hire someone who has the requisite knowledge. - CORRECT ANSWER✅✅ANS: T
True
Correct. If the personal representative is not competent to handle this portion of the estate, he/she
should hire a third party who can assist him/her.
False
Incorrect. If a personal representative is not technology competent, he/she could be held liable for
mismanagement of the estate.
When a will has been discovered, copies of the will should be prepared for the beneficiaries and
devisees. - CORRECT ANSWER✅✅ANS: T
True
Correct. A summary of the contents of the will should also be included.
False
Incorrect. The original will must be given to the probate court.
,The attorney is likely to be called in to assist in sorting out a decedent's estate before the funeral
arrangements are complete. - CORRECT ANSWER✅✅ANS: F
False
Correct. Copies of the death certificate are obtained from the funeral director after the attorney has
been employed.
True
Incorrect. The funeral director obtains the necessary burial permits and death certificate.
Only family members should be invited to the family conference. - CORRECT ANSWER✅✅ANS: F
False
Correct. All persons named in a will, or heirs, if there is no will, should be invited to attend.
True
Incorrect. Nonfamily members may be named in the will.
Property in joint tenancy is a probate asset and should be included in the list of assets subject to
probate. - CORRECT ANSWER✅✅ANS: F
False
Correct. Property in joint tenancy is nonprobate property.
True
Incorrect. Property in joint tenancy passes directly to the joint tenant.
During the family conference, the paralegal should ask whether the decedent made any advancements
to any beneficiaries or heirs. - CORRECT ANSWER✅✅ANS: T
True
Correct. Such advancements could have direct bearing on the estate.
False
Incorrect. This is true in all cases.
The requirements for a bond and surety vary from state to state. - CORRECT ANSWER✅✅ANS: T
,True
Correct. State statutes may or may not require bonds.
False
Incorrect. Some states require a bond for all personal representatives.
Witnesses to a will must appear in court to testify to the validity of the will. - CORRECT
ANSWER✅✅ANS: F
False
Correct. A signed affidavit may be used to prove a will.
True
Incorrect. A self-proved will removes the need for witness testimony.
Letters of Authority must be presented to have the decedent's mail forwarded to the personal
representative. - CORRECT ANSWER✅✅ANS: T
True
Correct. Letters of Authority are also required to withdraw funds from the decedent's bank accounts.
False
Incorrect. Letters of Authority show that the personal representative is the authorized representative of
the estate.
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:
a. Administratrix cum testamento annexo
b. Public administratrix
c. Administratrix de bonis non
d. Special administratrix - CORRECT ANSWER✅✅ANS: C
Administratrix de bonis non
Correct. De bonis non means "administrator of goods not administered." Administratrix cum testamento
annexo
Incorrect. This might have been true if John had been unqualified to serve.
, Public administratrix
Incorrect. A public administrator is not a blood relative.
Special administratrix
Incorrect. A special administratrix is a temporary administrator of the estate.
A paralegal working with a personal representative might be responsible for all of the following EXCEPT:
a. Notifying appropriate parties of the decedent's death
b. Providing certified copies of the death certificate to the funeral director
c. Searching for and obtaining the will and other personal business records
d. Setting a date for the family conference - CORRECT ANSWER✅✅ANS: B
Providing certified copies of the death certificate to the funeral director
Correct. The paralegal will obtain copies of the death certificate from the funeral director.
Notifying appropriate parties of the decedent's death
Incorrect. The paralegal might need to research the locations of all appropriate parties so as to notify
them.
Searching for and obtaining the will and other personal business records
Incorrect. The paralegal will work with the personal representative to gain access as needed.
Setting a date for the family conference
Incorrect. The paralegal will set the date after contacting the appropriate persons.
Which is a legal obligation of financial institutions with which the decedent did business?
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 death taxes
c. To cancel all credit card debts
d. To present safe deposit box contents whenever requested - CORRECT ANSWER✅✅ANS: A
To close any demand accounts held by the decedent Correct. Demand accounts include all checking
accounts. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole
or in part.
To encourage those who hold accounts with the decedent to withdraw funds to avoid death taxes
Incorrect. Banks should prevent this from happening.
