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Probate Law: The Basics

Description: This quiz covers the basics of probate law, including the process of probate, the role of the probate court, and the distribution of assets after death.
Number of Questions: 15
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Tags: probate law estate planning wills trusts
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What is the legal process of administering and distributing a person's estate after their death called?

  1. Probate

  2. Administration

  3. Settlement

  4. Distribution

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Correct Option: A
Explanation:

Probate is the legal process of administering and distributing a person's estate after their death.

Which court handles probate matters?

  1. Probate Court

  2. District Court

  3. Superior Court

  4. Family Court

Show answer
Correct Option: A
Explanation:

Probate matters are typically handled by a specialized court called the Probate Court.

Who is responsible for initiating the probate process?

  1. The executor of the will

  2. The administrator of the estate

  3. The heirs of the estate

  4. The creditors of the estate

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Correct Option: A
Explanation:

The executor of the will is responsible for initiating the probate process.

What is the primary purpose of probate?

  1. To validate the will

  2. To distribute the assets of the estate

  3. To pay off the debts of the estate

  4. To appoint a guardian for the deceased's children

Show answer
Correct Option: B
Explanation:

The primary purpose of probate is to distribute the assets of the estate to the beneficiaries named in the will.

What happens if a person dies without a will?

  1. The estate is distributed according to state law

  2. The estate is distributed to the deceased's closest relatives

  3. The estate is forfeited to the government

  4. The estate is divided equally among the deceased's creditors

Show answer
Correct Option: A
Explanation:

If a person dies without a will, the estate is distributed according to state law.

What is the role of the probate court in the probate process?

  1. To supervise the administration of the estate

  2. To resolve disputes among the beneficiaries

  3. To approve the distribution of the assets

  4. All of the above

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Correct Option: D
Explanation:

The probate court supervises the administration of the estate, resolves disputes among the beneficiaries, and approves the distribution of the assets.

What is the difference between a will and a trust?

  1. A will takes effect after death, while a trust takes effect during life

  2. A will is revocable, while a trust is irrevocable

  3. A will distributes assets to beneficiaries, while a trust manages assets for beneficiaries

  4. All of the above

Show answer
Correct Option: D
Explanation:

A will takes effect after death, while a trust takes effect during life. A will is revocable, while a trust is irrevocable. A will distributes assets to beneficiaries, while a trust manages assets for beneficiaries.

What is the purpose of a living trust?

  1. To avoid probate

  2. To manage assets during life

  3. To provide for the distribution of assets after death

  4. All of the above

Show answer
Correct Option: D
Explanation:

A living trust is used to avoid probate, manage assets during life, and provide for the distribution of assets after death.

What is the difference between an executor and an administrator?

  1. An executor is appointed by the will, while an administrator is appointed by the court

  2. An executor has more powers than an administrator

  3. An executor is responsible for distributing the assets of the estate, while an administrator is responsible for managing the estate

  4. Both A and B

Show answer
Correct Option: D
Explanation:

An executor is appointed by the will, while an administrator is appointed by the court. An executor has more powers than an administrator. An executor is responsible for distributing the assets of the estate, while an administrator is responsible for managing the estate.

What are the duties of an executor?

  1. To gather the assets of the estate

  2. To pay off the debts of the estate

  3. To distribute the assets of the estate to the beneficiaries

  4. All of the above

Show answer
Correct Option: D
Explanation:

The duties of an executor include gathering the assets of the estate, paying off the debts of the estate, and distributing the assets of the estate to the beneficiaries.

What is the difference between a beneficiary and an heir?

  1. A beneficiary is named in the will, while an heir is not

  2. A beneficiary receives a specific gift from the estate, while an heir receives a share of the estate

  3. A beneficiary can be anyone, while an heir must be a relative

  4. Both A and B

Show answer
Correct Option: D
Explanation:

A beneficiary is named in the will, while an heir is not. A beneficiary receives a specific gift from the estate, while an heir receives a share of the estate. A beneficiary can be anyone, while an heir must be a relative.

What is the order of priority for distributing assets in an estate?

  1. Creditors, beneficiaries, heirs

  2. Beneficiaries, heirs, creditors

  3. Heirs, creditors, beneficiaries

  4. Creditors, heirs, beneficiaries

Show answer
Correct Option: D
Explanation:

The order of priority for distributing assets in an estate is creditors, heirs, beneficiaries.

What is the statute of limitations for filing a probate claim?

  1. 1 year

  2. 2 years

  3. 3 years

  4. 4 years

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Correct Option: D
Explanation:

The statute of limitations for filing a probate claim is 4 years.

What is the purpose of a probate bond?

  1. To protect the beneficiaries of the estate

  2. To protect the creditors of the estate

  3. To protect the executor or administrator of the estate

  4. All of the above

Show answer
Correct Option: D
Explanation:

A probate bond is used to protect the beneficiaries of the estate, the creditors of the estate, and the executor or administrator of the estate.

What is the difference between a small estate and a large estate?

  1. A small estate is valued at less than $100,000, while a large estate is valued at more than $100,000

  2. A small estate is subject to probate, while a large estate is not

  3. A small estate can be distributed without a will, while a large estate cannot

  4. Both A and B

Show answer
Correct Option: A
Explanation:

A small estate is valued at less than $100,000, while a large estate is valued at more than $100,000.

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