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
What is a holographic will under California Probate Code §6111?
Answer: A will entirely handwritten and signed by the testator without witnesses
A holographic will is valid in California when the material provisions and the signature are in the testator's own handwriting; no witnesses are required.
What is the primary advantage of using a revocable living trust in California estate planning?
Answer: It allows estate assets to pass to beneficiaries without going through probate
A revocable living trust allows trust assets to transfer directly to beneficiaries upon the grantor's death, bypassing the time and expense of the court-supervised probate process.
What is the purpose of a 'pour-over will' in California estate planning?
Answer: To transfer any assets not held in the trust at death into the trust
A pour-over will directs that any assets not already titled in the trust at death be 'poured over' into the trust, ensuring all assets are governed by the trust's terms.
Under California Probate Code, what is the role of the court-appointed probate referee?
Answer: To appraise the fair market value of estate assets as of the date of death
A probate referee is a court-appointed appraiser responsible for determining the fair market value of most estate assets as of the decedent's date of death.
What is a conservatorship under California Probate Code?
Answer: A court-supervised arrangement protecting an incapacitated adult's person and/or finances
A conservatorship is established by the probate court to appoint a conservator who manages the personal care and/or financial affairs of an adult who can no longer do so independently due to incapacity.
In California, what document allows a person to designate an agent to make health care decisions if they become incapacitated?
Answer: Advance Health Care Directive
An Advance Health Care Directive designates a health care agent and/or states the person's wishes regarding medical treatment, and remains effective during incapacity.
Under California Probate Code §9100, what is the general creditor claim period after the personal representative mails notice to a known creditor?
Answer: 60 days
Under California Probate Code §9100, a known creditor generally has 60 days from the date the notice is mailed or personally delivered to file a creditor's claim against the estate.