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 Heggstad petition (Estate of Heggstad) in California probate?
Answer: A petition to confirm that an asset belongs to a trust where formal title transfer was not completed
Based on Estate of Heggstad (1993), this petition allows a court to confirm trust ownership of an asset listed in the trust schedule even if the deed or title was never formally updated.
What is the purpose of a California Spousal Property Petition under Probate Code §13500?
Answer: To confirm that community and quasi-community property passes to the surviving spouse without full probate
A Spousal Property Petition allows the surviving spouse to confirm title to community and quasi-community property through a simplified court procedure, avoiding the cost and delay of full probate.
Under California Probate Code §8461, who has FIRST priority to be appointed administrator of an intestate estate?
Answer: The surviving spouse or registered domestic partner
California Probate Code §8461 places the surviving spouse or registered domestic partner at the top of the priority list for appointment as administrator of an intestate estate.
What is a no-contest clause (in terrorem clause) in a California will?
Answer: A provision that disinherits a beneficiary who unsuccessfully contests the will
A no-contest clause penalizes a beneficiary by revoking their inheritance if they file an unsuccessful legal challenge to the validity of the will.
After a California probate court admits a will to probate, within how many days may a party who received notice file a will contest under Probate Code §8270?
Answer: 120 days
Under California Probate Code §8270, a party who received proper notice has 120 days from the court's order admitting the will to probate to file a contest.
What is the primary fiduciary duty of a trustee under California Probate Code §16002?
Answer: To administer the trust solely in the interests of the beneficiaries
California Probate Code §16002 imposes a duty of loyalty, requiring the trustee to administer the trust solely in the interests of the beneficiaries and avoid conflicts of interest.
Which of the following accurately describes a 'durable' power of attorney in California?
Answer: A power of attorney that remains effective even if the principal later becomes incapacitated
A durable power of attorney remains valid and effective even after the principal becomes mentally incapacitated, distinguishing it from a standard non-durable power of attorney which would terminate upon incapacity.