CP Probate & Estate Administration 1 — Questions and Answers
Question 1: Which California court has jurisdiction over probate proceedings?
- Superior Court (Correct answer)
- District Court
- Court of Appeal
- Municipal Court
Correct answer: Superior Court
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?
- Testate
- Intestate (Correct answer)
- Insolvent
- Devisee
Correct answer: Intestate
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?
- Deed of Trust
- Letters Testamentary or Letters of Administration (Correct answer)
- Power of Attorney
- Advance Health Care Directive
Correct answer: Letters Testamentary or Letters of Administration
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?
- It is split equally among all heirs
- The surviving spouse receives the entire community property interest (Correct answer)
- Half passes to children and half to the surviving spouse
- It must go through full probate before the spouse can claim it
Correct answer: The surviving spouse receives the entire community property interest
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?
- To transfer title to real property immediately
- To notify creditors and interested parties of the probate proceeding (Correct answer)
- To appoint a conservator for the estate
- To establish a revocable living trust
Correct answer: To notify creditors and interested parties of the probate proceeding
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.
Question 6: Which of the following best describes a 'specific bequest' in a California will?
- The remainder of the estate after all other gifts are distributed
- A gift of a particular item or a stated sum of money to a named beneficiary (Correct answer)
- A conditional gift that depends on a future event occurring
- A gift made exclusively to a charitable organization
Correct answer: A gift of a particular item or a stated sum of money to a named beneficiary
A specific bequest is a gift of a clearly identified piece of property or a specific dollar amount designated in the will for a named beneficiary.
Question 7: How many witnesses are required to sign a formal (non-holographic) will in California for it to be valid?
- One witness
- Two witnesses (Correct answer)
- Three witnesses
- A notary public only
Correct answer: Two witnesses
California Probate Code §6110 requires that a formal will be signed by at least two witnesses who were present when the testator signed or acknowledged the will.
CP Probate & Estate Administration 1
Which California court has jurisdiction over probate proceedings?