CP Probate & Estate Administration 3

Question 1

What is a Heggstad petition (Estate of Heggstad) in California probate?

Accepted Answer

A petition to confirm that an asset belongs to a trust where formal title transfer was not completed

Answer

A petition to contest the validity of a will

Answer

A petition to remove a personal representative for misconduct

Answer

A petition filed by a creditor to recover estate assets

Question 2

What is the purpose of a California Spousal Property Petition under Probate Code §13500?

Accepted Answer

To confirm that community and quasi-community property passes to the surviving spouse without full probate

Answer

To divide community property during a divorce proceeding

Answer

To establish a new revocable trust after the death of a spouse

Answer

To petition the court for intestate administration of the decedent's entire estate

Question 3

Under California Probate Code §8461, who has FIRST priority to be appointed administrator of an intestate estate?

Accepted Answer

The surviving spouse or registered domestic partner

Answer

The decedent's adult children

Answer

The decedent's parents

Answer

The Public Administrator

Question 4

What is a no-contest clause (in terrorem clause) in a California will?

Accepted Answer

A provision that disinherits a beneficiary who unsuccessfully contests the will

Answer

A provision preventing creditors from filing claims against the estate

Answer

A clause requiring court approval before any asset distributions are made

Answer

A provision prohibiting the executor from selling specific estate property

Question 5

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?

Accepted Answer

120 days

Answer

30 days

Answer

60 days

Answer

180 days

Question 6

What is the primary fiduciary duty of a trustee under California Probate Code §16002?

Accepted Answer

To administer the trust solely in the interests of the beneficiaries

Answer

To maximize investment returns for the trust regardless of risk level

Answer

To distribute all trust assets within two years of the grantor's death

Answer

To file an annual accounting with the probate court for every trust

Question 7

Which of the following accurately describes a 'durable' power of attorney in California?

Accepted Answer

A power of attorney that remains effective even if the principal later becomes incapacitated

Answer

A power of attorney that expires automatically after one year

Answer

A power of attorney that is limited exclusively to real estate transactions

Answer

A power of attorney that requires annual renewal by the probate court