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

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.

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

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.

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

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.

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 no-contest clause penalizes a beneficiary by revoking their inheritance if they file an unsuccessful legal challenge to the validity of the will.

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

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.

(CP) California Certified Paralegal Practice Test

(CP) California Certified Paralegal Practice Test

CP Probate & Estate Administration 3