Probate & Estate Administration Flashcards
7 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Probate & Estate Administration flashcards as text
Which California court has jurisdiction over probate proceedings?
Answer: Superior Court
Probate matters in California are exclusively handled by the Superior Court in the county where the decedent resided.
Under California law, what is the term for dying without a valid will?
Answer: Intestate
Dying 'intestate' means dying without a valid will, causing the estate to be distributed under California's intestate succession statutes.
What document authorizes a personal representative to act on behalf of a California decedent's estate?
Answer: Letters Testamentary or Letters of Administration
Letters Testamentary (when there is a will) or Letters of Administration (when there is no will) are issued by the court to authorize the personal representative to manage and distribute the estate.
Under California Probate Code §100, what happens to community property when one spouse dies intestate?
Answer: The surviving spouse receives the entire community property interest
Under California Probate Code §100, the surviving spouse automatically receives the decedent's one-half interest in community property when the spouse dies intestate.
What is the purpose of a Notice of Petition to Administer Estate in California probate?
Answer: To notify creditors and interested parties of the probate proceeding
The Notice of Petition to Administer Estate must be published and mailed so that creditors and interested parties have an opportunity to object or file claims before the court proceeds.
Which of the following best describes a 'specific bequest' in a California will?
Answer: A gift of a particular item or a stated sum of money to a named beneficiary
A specific bequest is a gift of a clearly identified piece of property or a specific dollar amount designated in the will for a named beneficiary.
How many witnesses are required to sign a formal (non-holographic) will in California for it to be valid?
Answer: Two witnesses
California Probate Code §6110 requires that a formal will be signed by at least two witnesses who were present when the testator signed or acknowledged the will.