CP Probate & Estate Administration

Question 1

Which California court has jurisdiction over probate proceedings?

Accepted Answer

Superior Court

Answer

Probate matters in California are exclusively handled by the Superior Court in the county where the decedent resided.

Question 2

Under California law, what is the term for dying without a valid will?

Accepted Answer

Intestate

Answer

Dying 'intestate' means dying without a valid will, causing the estate to be distributed under California's intestate succession statutes.

Question 3

What document authorizes a personal representative to act on behalf of a California decedent's estate?

Accepted Answer

Letters Testamentary or Letters of Administration

Answer

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.

Question 4

Under California Probate Code §100, what happens to community property when one spouse dies intestate?

Accepted Answer

The surviving spouse receives the entire community property interest

Answer

Under California Probate Code §100, the surviving spouse automatically receives the decedent's one-half interest in community property when the spouse dies intestate.

Question 5

What is the purpose of a Notice of Petition to Administer Estate in California probate?

Accepted Answer

To notify creditors and interested parties of the probate proceeding

Answer

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.

(CP) California Certified Paralegal Practice Test

(CP) California Certified Paralegal Practice Test

CP Probate & Estate Administration