California Real Estate Salesperson Exam Practice - Quesiton 46

Question

An executor of an estate is: 

Selections

A. Appointed by the probate court

B. Named in the decedent's will

C. Selected by the devisee

D. Appointed by the decedent's attorney

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Answer: B

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5 Keys Summary

• An executor of an estate is the legal representative specifically named in the decedent's will.

• The executor is appointed to carry out the specific provisions and instructions detailed within the will.

• The individual who creates the will and names the executor is known as the testator (male) or testatrix (female).

• If a person dies without a will (intestate) or without naming an executor, the probate court will appoint an administrator to manage the estate instead.

• The executor is also sometimes called a personal representative.

Explanations

An executor is a legal representative specifically named in a will by the person creating it (the testator) to carry out their wishes regarding the distribution of their estate after their death. If a person dies without a will (intestate) or without having named an executor, the probate court will then appoint an administrator to manage the estate.

Concepts Definitions

Executor: The person named in a will to manage and distribute the deceased person's estate according to the will's provisions.

Will: A legally binding written statement that specifies how a person's property and assets are to be distributed after their death.

Testator: The individual who creates and signs a will.

Administrator: A person appointed by the probate court to manage and distribute the estate of a deceased person who did not leave a valid will or an appointed executor.

Probate: The legal process of proving the validity of a will and overseeing the administration and distribution of an estate, especially when a person dies without a will.