Themis Essay 3394

Question 1

A person who manages a decedent’s estate is known generally as

Answer 1

a “personal representative.”

Question 2

When the decedent dies with a will and the will names a person to manage the decedent’s estate, the personal representative is known as

Answer 2

an “executor.”

Question 3

When a will fails to name an executor or the named executor is unable or unwilling to serve, the court will appoint a personal representative for the estate, known as

Answer 3

“administrator cum testament annex,” otherwise known as an administrator c.t.a.

Question 4

The court or clerk must be satisfied that the administrator meets the qualifications for competency and suitability for the office and may deviate from

Answer 4

statutory guidelines if necessary to support the best interests of the estate.

Question 5

The court will follow statutory presumptions to determine a proper

Answer 5

administrator cum testament annexo from among the intestate’s heirs.

Question 6

If a decedent dies intestate, the court will appoint

Answer 6

an administrator from among the intestate’s heirs to manage the decedent’s estate.

Question 7

An administrator must be

Answer 7

legally competent and 18 years or older.

Question 8

If an intestate has multiple heirs, then

Answer 8

one heir can serve as administrator with the consent of the others.

Question 9

If an intestate’s heirs cannot agree as to who will serve as an administrator, then

Answer 9

the court may appoint an heir or other suitable person.

Question 10

A decedent’s personal estate includes property owned

Answer 10

outright by the decedent at the time of death.

Question 11

Property that passes automatically by law upon death, such as property held jointly with the right of survivorship, is not

Answer 11

included in a decedent’s personal estate.

Question 12

Property that passes according to an instrument other than a will is not

Answer 12

included in a decedent’s personal estate.

Question 13

Within four months of qualification, a personal representative must file

Answer 13

an inventory of all estate assets with the commissioner of accounts.

Question 14

The inventory of an intestate’s estate should include the following:

Answer 14

(i) the entirety of the personal estate under the personal representative’s supervision or control;
(ii) the decedent’s interest in any multiple party account in any financial institution;
(iii) all real estate over which the personal representative has the power of sale; and
(iv) any other real estate that is an asset of the decedent’s estate, whether or not situated in the Commonwealth.

Question 15

For joint property held with a right of survivorship, survival must be by

Answer 15

120 hours (5 days).

Question 16

The rules of intestacy apply to the disposition

Answer 16

of assets in the absence of a will.

Question 17

If the intestate left no surviving spouse, and the intestate is survived by descendants, then

Answer 17

the descendants will take 100% of the intestate’s estate.

Question 18

In the system of per capita with representation, if the intestate is survived by any children and no spouse, then

Answer 18

the estate is evenly divided so that there is one share for each child who survived the intestate, and one share for each child who, while predeceasing the intestate, also left descendants who survived the intestate.

Question 19

Virginia follows a system of intestate distribution known as

Answer 19

per capita with representation.