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CA CLS Estate Planning study materials
CA CLS Estate Planning study resources

CA CLS Estate Planning practice questions

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Question 1Estate Planning Fundamentals and Client Counseling

Which document allows a client to name who will make health care decisions if the client becomes incapacitated?

  1. A promissory note
  2. A grant deed
  3. A revocable living trust
  4. An advance health care directive Correct answer.

Explanation

An advance health care directive combines a health care power of attorney naming an agent with instructions about treatment preferences, and it takes effect when the client loses capacity. It operates independently of any will or trust and addresses medical decision-making rather than asset transfer.

Question 2Estate Planning Fundamentals and Client Counseling

A client dies intestate with a surviving spouse and two adult children from that marriage. Under the common law approach followed by most states, how is the estate distributed?

  1. Entirely to the surviving spouse Correct answer.
  2. One-third to the spouse and two-thirds to the children
  3. Half to the spouse and half to the children
  4. Entirely to the children in equal shares

Explanation

Under the traditional common law rule, a surviving spouse takes the entire intestate estate when all surviving children are also the spouse's children. This reflects the assumption that the couple's shared household should not be split among family members.

Question 3Estate Planning Fundamentals and Client Counseling

Which of the following best describes the role of the personal representative in probate?

  1. Serving as trustee of every trust the decedent created
  2. Certifying the validity of the will before witnesses
  3. Administering the estate and distributing assets under court supervision Correct answer.
  4. Representing the estate in contested litigation as its attorney

Explanation

The personal representative, sometimes called an executor or administrator, marshals assets, pays debts and taxes, and distributes the remaining estate according to the will or intestacy rules. The role is administrative and fiduciary rather than legal representation.

Question 4Estate Planning Fundamentals and Client Counseling

Which client situation most clearly justifies recommending a revocable living trust instead of a will alone?

  1. A client who wants a court to supervise the distribution of assets
  2. A client who wants to disinherit a spouse under community property law
  3. A client with a small estate who wants the lowest possible drafting cost
  4. A client who owns real property in three states and wants to avoid multiple ancillary probates Correct answer.

Explanation

Real property located outside the client's domicile generally requires a separate ancillary probate proceeding, so a funded revocable trust can consolidate administration and avoid multiple filings. The trust also provides continuity if the client becomes incapacitated.

Question 5Estate Planning Fundamentals and Client Counseling

What is the primary purpose of a durable power of attorney for finances?

  1. To transfer ownership of assets immediately to the agent
  2. To appoint a guardian for minor children
  3. To override the terms of the principal's will
  4. To authorize an agent to manage the principal's financial affairs even after incapacity Correct answer.

Explanation

A durable power of attorney remains effective, or becomes effective, when the principal loses capacity, allowing the agent to pay bills, manage accounts, and handle property. It is a planning tool for incapacity rather than a substitute for a will.

Question 6Estate Planning Fundamentals and Client Counseling

Which statement correctly distinguishes a guardian from a conservator?

  1. Both terms always refer to the same court-appointed role
  2. A conservator is appointed only for minors while a guardian is appointed only for adults
  3. A guardian manages financial affairs while a conservator manages personal care
  4. A guardian manages personal care decisions while a conservator manages financial affairs Correct answer.

Explanation

In many jurisdictions a guardian is appointed to make decisions about the person's care, health, and living situation, while a conservator handles property and finances. Terminology varies by state, but the functional split between person and property is the common model.

Question 7Estate Planning Fundamentals and Client Counseling

During an initial estate planning interview, which approach best supports effective client counseling?

  1. Gathering facts about family, assets, and goals before discussing specific documents Correct answer.
  2. Recommending a trust before learning the size and nature of the client's assets
  3. Limiting the conversation to tax questions to keep the meeting short
  4. Presenting a completed document package for signature at the first meeting

Explanation

Effective counseling begins with understanding the client's family structure, asset profile, and objectives so that recommendations are tailored to actual needs. Jumping to documents or products before fact-finding risks advice that does not fit the client's situation.

Question 8Estate Planning Fundamentals and Client Counseling

Which of the following is generally a nonprobate asset?

  1. A car titled solely in the decedent's name
  2. Household furniture owned outright with no beneficiary designation
  3. A checking account with no payable-on-death designation
  4. Life insurance proceeds payable to a named beneficiary Correct answer.

Explanation

Assets that pass by beneficiary designation, such as life insurance, retirement accounts, and payable-on-death accounts, transfer outside probate. Property owned outright with no transfer mechanism passes through the probate estate.

Question 9Estate Planning Fundamentals and Client Counseling

A married client wants to ensure that her separate property passes to her children from a prior marriage rather than to her current spouse. Which planning technique most directly accomplishes this?

  1. A will or trust that expressly disinherits the spouse as to that property Correct answer.
  2. Relying on intestate succession
  3. Naming the spouse as the sole beneficiary of a life insurance policy
  4. Titling the property as joint tenancy with the spouse

Explanation

An express testamentary provision or trust terms can direct separate property away from the surviving spouse, subject to any elective share or community property rights. Intestacy and joint tenancy would instead favor the spouse.

Question 10Estate Planning Fundamentals and Client Counseling

Under the uniform acts adopted in many states, what is the effect of a divorce on a will that names the former spouse as beneficiary?

  1. The will becomes invalid and the estate passes intestate
  2. The will is revoked in its entirety
  3. The former spouse is treated as having predeceased the testator unless the will provides otherwise Correct answer.
  4. The former spouse remains entitled to the bequest

Explanation

Most states have adopted a statute providing that a divorce revokes provisions in favor of the former spouse, treating that spouse as predeceased. The remainder of the will stays in effect, so other beneficiaries are unaffected.

Question 11Estate Planning Fundamentals and Client Counseling

Which statement best describes the difference between a per stirpes and a per capita distribution to descendants?

  1. Per capita divides by branch and excludes grandchildren
  2. Per capita and per stirpes always produce the same result
  3. Per stirpes divides equally among all surviving descendants regardless of branch
  4. Per stirpes divides by branch so a deceased child's share passes to that child's descendants Correct answer.

Explanation

Per stirpes distribution preserves the share of a deceased child by passing it down that child's line, while per capita distribution divides equally among surviving members of the class. The choice materially affects outcomes when children predecease the decedent.

Question 12Estate Planning Fundamentals and Client Counseling

A client asks whether a will can be used to leave assets to a pet. What is the most accurate answer?

  1. A pet may be named as a direct beneficiary of the will
  2. A pet may receive assets only through intestate succession
  3. A pet may inherit outright if a guardian is also named
  4. A pet cannot own property, but a trust or statutory pet trust can be created for its care Correct answer.

Explanation

Animals lack legal capacity to own property, so a direct gift to a pet fails. Many states permit pet trusts or honor trusts for animals, and a caregiver can be named to receive funds for the animal's benefit.

Question 13Estate Planning Fundamentals and Client Counseling

Which factor most affects whether a client should consider lifetime gifting as part of an estate plan?

  1. The number of documents in the client's file
  2. The client's preference for using a particular law firm
  3. Whether the client has ever served as a personal representative
  4. The client's total estate value relative to applicable exclusion amounts and the client's income needs Correct answer.

Explanation

Lifetime gifting is evaluated against the client's remaining wealth, the applicable transfer tax exclusions, and the need to retain sufficient assets for living expenses. Gifting that jeopardizes the client's security is generally inappropriate.

Question 14Estate Planning Fundamentals and Client Counseling

A client named her adult son as agent under a durable power of attorney and as successor trustee. The son has a history of creditor problems. What is the most significant concern?

  1. Assets the son controls or receives could be exposed to his creditors Correct answer.
  2. The son will be unable to serve in either role by operation of law
  3. The documents become void upon the son's bankruptcy
  4. The client loses the ability to revoke the arrangements

Explanation

An agent or trustee who holds or receives assets may expose them to personal creditors, particularly if funds are commingled or distributed outright. The planner should consider bonding, co-agents, or trust protections to reduce that risk.

Question 15Estate Planning Fundamentals and Client Counseling

Which of the following best describes the purpose of a pour-over will?

  1. To direct probate assets into an existing trust at death Correct answer.
  2. To nominate a guardian for the testator
  3. To revoke an earlier trust instrument
  4. To create a trust that takes effect only during life

Explanation

A pour-over will catches assets not transferred to the trust during life and directs them to the trust for administration under its terms. It also typically names a guardian and a personal representative as backup planning.

Question 16Estate Planning Fundamentals and Client Counseling

A client with a modest estate wants to avoid probate and keep costs low. Which combination is most consistent with that goal?

  1. A simple will with payable-on-death designations on accounts and a transfer-on-death deed if available Correct answer.
  2. A complex irrevocable trust with a corporate trustee
  3. A series of lifetime gifts of all the client's assets
  4. A will that requires formal probate administration

Explanation

Payable-on-death designations and transfer-on-death deeds move assets outside probate at little cost, while a simple will covers any residual probate property. This approach balances simplicity with the client's stated objectives.

Question 17Estate Planning Fundamentals and Client Counseling

What is the key difference between a guardianship nomination in a will and a standby guardianship?

  1. A will nomination can never be enforced by a court
  2. The two terms are interchangeable in every state
  3. A will nomination takes effect at death, while a standby arrangement can operate during incapacity Correct answer.
  4. A standby guardianship applies only after death

Explanation

A nomination in a will addresses who will raise minor children after the parent's death, while a standby guardianship is designed to provide continuity of care if the parent becomes incapacitated. Both require court confirmation in most jurisdictions.

Question 18Estate Planning Fundamentals and Client Counseling

Which statement about the attorney-client relationship in estate planning is most accurate?

  1. The attorney owes duties of loyalty and confidentiality to the client, and conflicts with beneficiaries must be managed Correct answer.
  2. The attorney represents all family members equally in every engagement
  3. The attorney's duty runs primarily to the personal representative
  4. The attorney may disclose client confidences to beneficiaries at will

Explanation

The estate planning attorney represents the client who retained the attorney, owes duties of loyalty and confidentiality, and must identify and manage conflicts when family members have divergent interests. Beneficiaries are not automatically clients.

Question 19Estate Planning Fundamentals and Client Counseling

A client owns a home as community property with a spouse and has separate investment accounts from before the marriage. Which characterization issue most affects the plan?

  1. Whether the client may execute a will at all
  2. Whether the home can be devised to someone other than the spouse
  3. Whether the client must file a probate petition during life
  4. Whether income earned on separate property during marriage is community or separate Correct answer.

Explanation

In community property states, income and appreciation from separate property may be community, separate, or mixed depending on tracing and statutory rules. Proper characterization determines what each spouse may control and transfer at death.

Question 20Estate Planning Fundamentals and Client Counseling

Which of the following is the best example of a question that belongs in a client's estate planning questionnaire?

  1. The client's favorite vacation destination
  2. Names and birthdates of children and prior marriages Correct answer.
  3. The name of the client's high school
  4. The client's preferred brand of financial software

Explanation

Family structure, including children, prior marriages, and ages, directly affects guardianship, beneficiary designations, and distribution planning. Personal preferences unrelated to assets or family are not material to the plan.

Question 21Estate Planning Fundamentals and Client Counseling

A client executes a will leaving everything to a charity and later marries. Under the omitted spouse statutes common in many states, what is the likely result?

  1. The spouse may claim an intestate share unless the will shows an intent to disinherit or the spouse was provided for Correct answer.
  2. The spouse receives nothing because the will predates the marriage
  3. The will is automatically void and the estate passes entirely to the spouse
  4. The charity receives everything because the will controls

Explanation

Omitted spouse statutes protect a spouse who married after the will was executed by granting an intestate share, unless the will indicates an intent to disinherit or the spouse was otherwise provided for. The charity's gift is reduced accordingly.

Question 22Estate Planning Fundamentals and Client Counseling

A trust provides that income is payable to the settlor's spouse for life, then to the settlor's children, with remainder to grandchildren. The trustee has discretion to distribute principal to the spouse for health and support. Which interest is the spouse's?

  1. A fee simple absolute ownership of the trust property
  2. A life estate with a limited power to receive discretionary principal distributions Correct answer.
  3. A remainder interest in the trust corpus
  4. A general power of appointment over the trust assets

Explanation

The spouse holds a present income interest for life plus a limited right to receive principal at the trustee's discretion for health and support. That is not a general power of appointment, which would allow the spouse to direct the property to anyone, including the spouse's estate.

Question 23Estate Planning Fundamentals and Client Counseling

A client wants to fund a revocable trust but insists on keeping the original deed to her home in her safe deposit box. What is the most accurate advice?

  1. The property should be retitled to the trustee, since retention of the original deed alone does not fund the trust Correct answer.
  2. The client must deed the home to each beneficiary individually
  3. The trust is invalid because the deed was not recorded in the trust's name
  4. Keeping the original deed is sufficient to transfer title to the trust

Explanation

Funding requires an actual change of title, typically by executing and recording a deed naming the trustee. Possession of the original deed does not transfer ownership, and an unfunded trust will not avoid probate for that asset.

Question 24Estate Planning Fundamentals and Client Counseling

A client with a taxable estate wants to reduce transfer taxes while retaining income from assets. Which technique best fits that objective?

  1. A grantor retained annuity trust that pays the client an annuity for a term Correct answer.
  2. An outright gift of all assets to the children immediately
  3. A will that leaves everything to the spouse
  4. A payable-on-death designation on all accounts

Explanation

A grantor retained annuity trust removes future appreciation from the estate while returning an annuity stream to the client, which addresses both tax reduction and retained income. Outright gifts sacrifice income, and marital or POD transfers do not reduce the estate tax base.

Question 25Estate Planning Fundamentals and Client Counseling

A client's will leaves a specific bequest of 500 shares of a company that later splits two-for-one and is then sold before death. What doctrine determines whether the beneficiary receives anything?

  1. Lapse, which applies when a beneficiary predeceases the testator
  2. Abatement, which reduces gifts in a set order
  3. Anti-lapse, which saves gifts to deceased relatives
  4. Ademption by extinction, which may be modified by statute to give the beneficiary the sale proceeds Correct answer.

Explanation

Ademption by extinction occurs when specifically devised property is no longer in the estate at death, and many states have statutes that give the beneficiary the remaining proceeds or replacement property. Abatement, lapse, and anti-lapse address different problems.

Question 26Estate Planning Fundamentals and Client Counseling

Which document allows a client to name a person to make health care decisions and to state wishes about life-sustaining treatment if the client later becomes incapacitated?

  1. An advance health care directive Correct answer.
  2. A revocable living trust
  3. A durable power of attorney for finances
  4. A letter of instruction to the family

Explanation

An advance health care directive is the umbrella document that typically combines a health care power of attorney naming an agent with a living will stating end-of-life treatment preferences. It takes effect when the client lacks capacity to make medical decisions, and it is governed by state health care decision statutes.

Question 27Estate Planning Fundamentals and Client Counseling

A client tells the attorney that she wants to 'avoid probate entirely' but owns only a checking account and a car, both titled in her sole name. Which initial counseling response is most appropriate?

  1. Advise that she simply write a will, which by itself removes assets from probate
  2. Recommend that she immediately purchase a revocable trust without further discussion
  3. Tell the client that probate is unavoidable for any asset owned in an individual name
  4. Explain that probate avoidance requires retitling or beneficiary designations and identify which assets can realistically be moved out of probate Correct answer.

Explanation

Probate avoidance depends on how each asset is titled, so counsel should inventory assets and explain the mechanisms such as joint ownership, payable-on-death designations, and trusts. A will does not avoid probate; it directs probate distribution. Setting realistic expectations is a core part of client counseling.

Question 28Estate Planning Fundamentals and Client Counseling

An attorney's engagement letter for estate planning states that the attorney represents the client couple jointly. During the representation the spouses disclose conflicting wishes about how the residue should be divided. What is the most appropriate course of action?

  1. Withdraw from representing both spouses without any explanation to them
  2. Draft two separate wills reflecting each spouse's wishes and keep each will confidential from the other
  3. Clarify the joint representation limits, advise that the attorney cannot advocate for one spouse against the other, and refer them for independent counsel if the conflict cannot be resolved Correct answer.
  4. Continue drafting according to the wishes of whichever spouse first raised the issue

Explanation

A joint representation creates duties to both clients, and the attorney cannot favor one spouse's position over the other when their interests conflict. The attorney should explain the limits of the joint engagement and, if the conflict persists, recommend that each spouse obtain independent counsel. This preserves informed consent and avoids a concurrent conflict of interest.

Question 29Estate Planning Fundamentals and Client Counseling

A client's estate plan names his brother as agent under a durable power of attorney and as successor trustee. The brother has significant unpaid debts and a recent bankruptcy. How should the attorney address this?

  1. Automatically substitute the client's adult daughter as fiduciary
  2. Proceed without comment because the client's choice of fiduciary is final
  3. Discuss the risks of the appointment, document the client's informed decision, and consider safeguards such as co-agents or bonding Correct answer.
  4. Refuse to draft any document that names the brother

Explanation

The attorney's role is to advise on the risks of entrusting a financially troubled fiduciary with assets and authority, then document the client's informed choice. Safeguards such as a co-fiduciary, bond, or accounting requirements can reduce exposure. The client retains the right to choose the fiduciary.

Question 30Estate Planning Fundamentals and Client Counseling

A client wants to leave a substantial gift to a longtime friend but is concerned the friend may predecease her. Which drafting approach best carries out the client's intent while addressing that risk?

  1. An outright specific bequest to the friend with no alternative provision
  2. A residuary clause that silently absorbs the gift if the friend dies first
  3. A specific bequest to the friend with a contingent gift over to the friend's descendants if the friend does not survive Correct answer.
  4. A statement in the will that the friend must survive the client by thirty years

Explanation

Adding a gift-over to the friend's descendants ensures the property passes as the client wishes if the friend predeceases her, rather than lapsing. A lapsed specific bequest generally falls into the residue and may pass to unintended takers. The thirty-year survival requirement is likely to fail and defeats the client's intent.

Question 31Intestate Succession and Probate Administration

Under California intestate succession, a surviving spouse's share of the estate depends primarily on which factor?

  1. The length of the marriage at the time of death
  2. Whether the decedent left children, parents, or siblings Correct answer.
  3. The value of the decedent's separate property
  4. Whether the decedent had a valid will at death

Explanation

California's intestacy scheme gives the surviving spouse the entire estate only when the decedent left no surviving issue, parents, or siblings' issue. If any of those relatives survive, the spouse shares the estate in proportions set by statute. The length of the marriage and the size of the estate do not change the spousal share.

Question 32Intestate Succession and Probate Administration

A decedent dies intestate survived by a spouse and two children from that marriage. What does the spouse receive?

  1. One-half of the estate
  2. One-third of the estate
  3. The entire estate Correct answer.
  4. The separate property only

Explanation

When the decedent leaves a surviving spouse and issue who are also the spouse's issue, the spouse takes the entire intestate estate. The children take nothing through intestacy because the spouse's share exhausts the estate. This rule reflects the assumption that the surviving parent will provide for the couple's children.

Question 33Intestate Succession and Probate Administration

A decedent dies intestate survived by a spouse and one child who is the spouse's child, plus one child from an earlier relationship. How is the estate distributed?

  1. Spouse takes one-half; only the non-spouse's child takes the remainder
  2. Spouse takes the entire estate
  3. Spouse takes one-half; all children share the other half Correct answer.
  4. Spouse takes one-third; all children share two-thirds

Explanation

When a surviving spouse has at least one child of the marriage but the decedent also left issue who are not the spouse's issue, the spouse takes one-half of the estate. The remaining half passes to all the decedent's children in equal shares. Equal treatment of the children in the residue is required.

Question 34Intestate Succession and Probate Administration

A decedent dies intestate with no spouse, no children, and no parents, but leaves two surviving siblings and the child of a deceased sibling. Who shares the estate?

  1. Only the deceased sibling's child
  2. The two siblings and the deceased sibling's child, by right of representation Correct answer.
  3. Only the two surviving siblings, in equal shares
  4. The two siblings take one-third each and the niece or nephew takes one-third

Explanation

Under California's parentelic scheme, when no closer relatives survive, the estate passes to the decedent's siblings and the issue of deceased siblings. The issue of a deceased sibling take by right of representation, splitting that sibling's share. The estate is divided into three shares: one per living sibling and one for the deceased sibling's line.

Question 35Intestate Succession and Probate Administration

What does California's right of representation provide when several descendants of unequal generational distance survive?

  1. Each surviving heir always receives an identical dollar amount
  2. The estate is divided into equal shares at the nearest generation with living issue, then split within each branch Correct answer.
  3. The eldest lineal descendant takes a double share
  4. Only the closest living generation inherits, excluding grandchildren

Explanation

California uses a modern per-capita-at-each-generation approach with representation. The estate is first divided into as many equal shares as there are living members of the nearest generation of issue and deceased members of that generation who left issue. Each branch then splits its share among its own descendants.

Question 36Intestate Succession and Probate Administration

A person dies intestate with no surviving spouse, children, parents, or siblings. Which relative group is next in line under California's intestate scheme?

  1. First cousins once removed
  2. The stepchildren of the decedent
  3. Grandparents and their issue Correct answer.
  4. The closest friend named in a prior will

Explanation

After the sibling level, California's parentelic scheme moves outward to grandparents and their issue. This includes aunts, uncles, and cousins. Stepchildren and friends have no intestate inheritance rights absent adoption or a valid testamentary instrument.

Question 37Intestate Succession and Probate Administration

How does California treat a child born outside marriage for intestate succession from the child's natural father?

  1. The child inherits only if the father named the child in a will
  2. The child inherits if parentage is established by a court, a signed voluntary declaration, or clear evidence Correct answer.
  3. The child may never inherit from the father
  4. The child inherits only if the parents later married

Explanation

California law allows a child born outside marriage to inherit from a natural parent when parentage is established. Recognized methods include a court judgment, a voluntary declaration of parentage, or clear and convincing evidence. Marriage of the parents is not required.

Question 38Intestate Succession and Probate Administration

In California, what is the effect of a valid adoption on the adopted child's inheritance rights?

  1. The child inherits from the adoptive parents as a natural child and generally loses rights from the natural parents Correct answer.
  2. The child inherits only from the natural parents
  3. The child inherits from both natural and adoptive parents
  4. The child inherits only if named in the adoptive parents' will

Explanation

Adoption severs the inheritance relationship with the natural parents and creates one with the adoptive family. The adopted child is treated as a natural child of the adoptive parents for intestate succession. Inheritance from the adoptive parents does not depend on being named in a will.

Question 39Intestate Succession and Probate Administration

A decedent's will leaves everything to a named friend. The decedent's surviving spouse files a petition. What protection does California law give the spouse?

  1. The spouse receives nothing because the will controls
  2. The spouse may claim an omitted spouse's share unless the will shows intent to omit and provides adequately Correct answer.
  3. The spouse automatically receives the entire estate
  4. The spouse may recover only community property

Explanation

California's omitted spouse statute protects a spouse who married the decedent after the will was executed and was left out. The spouse generally takes an intestate share unless the will shows an intentional omission and the spouse receives adequate provision. This prevents accidental disinheritance by an outdated will.

Question 40Intestate Succession and Probate Administration

Which document typically must be filed with the court to start a formal probate administration in California?

  1. A notice of default
  2. A living trust certification
  3. A petition for probate of the will or for letters of administration Correct answer.
  4. A grant deed transferring the decedent's real property

Explanation

Formal probate begins when an interested person files a petition for probate or for letters of administration. The petition identifies the decedent, the estate, and the proposed personal representative. A grant deed, trust certification, or default notice does not initiate probate.

Question 41Intestate Succession and Probate Administration

What is the primary function of letters testamentary issued by a California court?

  1. They transfer title to the decedent's real property to the heirs
  2. They serve as the decedent's final will and testament
  3. They authorize the named executor to act as personal representative of the estate Correct answer.
  4. They close the probate estate

Explanation

Letters testamentary are issued to an executor named in a will once the will is admitted to probate. They are the personal representative's authority to administer the estate, including marshaling assets and paying debts. They do not convey property or close the estate.

Question 42Intestate Succession and Probate Administration

When no will exists, what document does the court issue to authorize the administrator to act?

  1. A final distribution order
  2. Letters of administration Correct answer.
  3. Letters testamentary
  4. A decree of divorce

Explanation

In an intestate estate, the court appoints an administrator and issues letters of administration. These letters confer authority to administer the estate just as letters testamentary do for an executor. Letters testamentary apply only where a will names an executor.

Question 43Intestate Succession and Probate Administration

In California, which of the following assets generally passes outside probate?

  1. A bank account titled solely in the decedent's name
  2. Real property held in a valid living trust Correct answer.
  3. Real property titled in the decedent's name alone
  4. A vehicle titled solely in the decedent's name

Explanation

Assets held in a properly funded living trust pass to the trust beneficiaries without probate administration. Property titled solely in the decedent's name, including bank accounts and vehicles, generally requires probate unless a small-estate procedure applies. Trust funding is the key to avoiding probate.

Question 44Intestate Succession and Probate Administration

What is the purpose of a California small estate affidavit under the Probate Code?

  1. To transfer all real property regardless of value
  2. To appoint a permanent administrator
  3. To allow collection of modest estates without formal probate when statutory value limits are met Correct answer.
  4. To replace a will in every estate

Explanation

The small estate affidavit lets successors collect certain personal property from a decedent's estate without full probate. It is available only when the estate's value falls below statutory thresholds and other conditions are satisfied. It does not transfer real property of any value or appoint an administrator.

Question 45Intestate Succession and Probate Administration

A creditor wants to pursue a claim against a California probate estate. What is the usual first step?

  1. Sue the heirs directly without any claim
  2. File a creditor's claim with the personal representative or the court within the statutory period Correct answer.
  3. Petition to reopen the decedent's will
  4. Record a lien on the decedent's former residence

Explanation

Creditors generally must file a creditor's claim in the probate proceeding within the statutory deadline after notice. Failing to file a timely claim usually bars recovery against the estate. Suing heirs directly or recording liens does not substitute for the claims process.

Question 46Intestate Succession and Probate Administration

What is the effect of a creditor's failure to file a timely claim in a California probate?

  1. The claim converts into an heir's distribution
  2. The claim is generally barred as to estate assets Correct answer.
  3. The claim automatically survives against the personal representative personally
  4. The claim remains valid indefinitely

Explanation

California's claims statute requires creditors to file within the period set after notice. A late or unfiled claim is generally barred from payment out of estate assets. The personal representative is not personally liable merely because a claim was late.

Question 47Intestate Succession and Probate Administration

In California, what is the personal representative's duty regarding the decedent's estate inventory?

  1. Distribute assets to heirs before paying debts
  2. Prepare and file an inventory and appraisal of estate assets with the court Correct answer.
  3. Sell all estate assets immediately
  4. Destroy the decedent's financial records

Explanation

The personal representative must inventory and appraise estate assets and file the inventory with the court. This step establishes the estate's value for administration and accounting purposes. Immediate liquidation, premature distribution, and destruction of records all breach fiduciary duties.

Question 48Intestate Succession and Probate Administration

A personal representative uses estate funds for a personal vacation. What is the most likely consequence?

  1. The heirs have no remedy once letters are issued
  2. The representative may be surcharged and removed for breach of fiduciary duty Correct answer.
  3. The court must excuse the conduct if the estate is solvent
  4. The representative is entitled to keep the funds as compensation

Explanation

A personal representative is a fiduciary and may not self-deal with estate assets. Misappropriating estate funds supports a surcharge, removal, and possible criminal exposure. Issuance of letters does not immunize misconduct.

Question 49Intestate Succession and Probate Administration

Which court has jurisdiction over probate proceedings in California?

  1. The superior court of the county where the decedent was domiciled at death Correct answer.
  2. The federal district court in any county
  3. The small claims court of any county
  4. The court of appeals for the decedent's district

Explanation

Probate jurisdiction lies with the California superior court, generally in the county of the decedent's domicile at death. If the decedent was not a California resident, venue may be where the decedent's property is located. Federal and small claims courts do not administer probate estates.

Question 50Intestate Succession and Probate Administration

What does a California final distribution order accomplish at the close of probate?

  1. It initiates the creditor claims period
  2. It appoints the personal representative
  3. It directs the personal representative to distribute remaining assets to the beneficiaries and discharges the representative Correct answer.
  4. It admits the will to probate

Explanation

A final distribution order concludes administration by directing transfer of remaining assets to those entitled and discharging the representative. Admission of the will and appointment of the representative occur at the outset. The creditor claims period runs earlier in the proceeding.