Probate and Estate Administration

Question 1

Probate

Answer 1

the process of determining that a will is the decedent’s

Question 2

If named in the will, the personal representative of a testator is the ___________.

Answer 2

executor

Question 3

If the personal representative is not named in the will, they are the _______________.

Answer 3

administrator

Question 4

Where the heirs are able to agree amongst themselves how the estate is to be divided, must the estate be administered?

Answer 4

No.

Question 5

What jurisdiction’s law controls the administration of an estate?

Answer 5

the jurisdiction of the testator’s domicile at death.

Question 6

Is a personal representative entitled to compensation?

Answer 6

Yes.

Question 7

What must a personal representative do in regards to creditors of a decedent’s estate?

Answer 7

the personal representative must give notice to all creditors of the administration of the estate.

Question 8

Abatment

Answer 8

the process of reducing testamentary gifts in cases where the estate assets are not sufficient to pay all claims against the estate and satisfy all bequests and devises.

Question 9

Are liens on specifically devised property automatically exonerated?

Answer 9

No, unless the will so directs.

Question 10

Are a testator’s own declarations admissible to clear up an ambiguity in the will?

Answer 10

No, unless they describe the beneficiary or property.