Surrogate's Court Clerk Practice Exam

These questions are part of the practice quiz. Start practicing

• Who is described as the donee of a power during minority?
• Under 81.02(a), which statement best describes when a court may appoint a guardian?
• Which of the following is an example of a fiduciary to whom letters may be issued?
• How should a clerk handle a proposed order for letters?
• What is a bond in the context of probate, and when might it be required?
• A lifetime trust is described as which of the following?
• A petition is defined as what?
• Generally, an infant is a person under the age of?
• Which statement about mailing by special mail service is true?
• Which of the following best defines property for purposes of the act?
• What is the purpose of a lifetime trust?
• In Arlene's estate example, who is named trustee?
• Which term describes a person whose domicile is within the state of New York?
• What is an Inventory and Appraisal?
• How is a trust defined in the material?
• Which term refers to the authority granted before probate when acting with limited authority?
• For accurate probate filings, what is the purpose of cross-checking the paper file against the electronic record?
• A corporate trustee is defined as which of the following?
• Executor is the person designated to execute the terms of a will.
• Incapacitated Person is defined as?
• What is a proof of service and why is it important?
• A lifetime trust is also called
• In determining whether a person is eligible to apply for relief when their interest is disputed, what suffices for the purpose of the application?
• How might a clerk assist with ancillary probate when the decedent owned property in another jurisdiction?
• Mailing by special mail service requires
• Which entities may serve as corporate trustees?
• Which term means a fixed, permanent and principal home to which a person, wherever temporarily located, always intends to return?
• What are the two main stages of fiduciary accounting in Surrogate's Court practice?
• Ancillary letters of administration are issued to which person?
• The term 'process' in this context includes which of the following?
• Who has the right to notice and to participate in Surrogate's Court proceedings?
• What must be provided to show service was effected on interested parties?
• Bequest or legacy is best described as?
• Why is the decedent's death date significant in probate filings?
• In estate terminology, de bonis non (d.b.n.) stands for which of the following?
• Parol evidence is generally not relevant to probate filings. Which description best reflects this principle?
• Which entities qualify as corporate trustees?
• What constitutes process in the surrogate's court?
• Definition of Incompetent includes:
• Which document is a sworn statement listing all assets of the estate and is filed to provide asset listing for distribution and tax purposes?
• What training or knowledge should a Surrogate's Court Clerk have to be effective?
• An infant as defined in SCPA 103 is under the age of ____; for guardianship, the term infant may include someone under 21 who consents after age ____.
• Creditor is defined as?
• A Person under disability is defined as which of the following?
• Which of the following best defines a 'person interested' in the context of the estates, powers and trusts law?
• Which document might a clerk prepare for approval after a settlement?
• What is the significance of interested persons in Surrogate's Court proceedings?
• Legal life tenant refers to:
• Which action is NOT typically part of a clerk's handling of a motion in Surrogate's Court?
• Who is a Preliminary executor?
• Which is explicitly excluded from being a lifetime trust?
• Administrator c.t.a.: Which description matches?
• What action should the clerk take when a petition is filed to begin probate?
• How does the clerk verify that a will has not been revoked by subsequent instruments?
• Which statement describes the closing step for an estate?
• Which of the following is not a Person Interested?
• How does a clerk distinguish between probate and administration proceedings when processing a petition?
• Which scenario requires administration rather than probate?
• Which statement about official forms is correct?
• Which statement correctly describes an Individual trustee?
• Codicil is part of which instrument?
• What is a testamentary trust?
• Who is a respondent in a surrogate's court proceeding?
• Ancillary executor or administrator c.t.a. refers to which person?
• Who may a guardian ad litem represent?
• Who is authorized to administer the estate as indicated by Letters?
• Which factor is included in the court's additional factual consideration for capacity?
• To be recorded in the county, acknowledgments or proofs must be in the same manner as a deed; however, if the instrument is executed within the state, no county clerk certificate is required.
• What is required to close an estate after distributions?
• Funeral expense includes the burial lot, perpetual care, and what else?
• Who is a temporary administrator?
• Infant, for guardianship purposes, can include which of the following?
• Which of the following is NOT listed as a category of a person under disability?
• What condition supports issuing Letters of Administration with Will Annexed?
• What is a notice of settlement?
• Which statement defines a beneficiary?
• A lifetime trust is best described as
• What is 'notice to creditors' and how is it handled by the clerk's office?
• Which document is typically used to initiate jurisdiction by serving a party in Surrogate's Court?
• What is a petition?
• Judicial settlement is a proceeding whereby which of the following occurs?
• What standard governs incapacity under 81.02(b)?
• A direction to mail or for mailing of process, notice or other paper must be enclosed in a sealed postpaid envelope directed to the person to be served or notified, deposited at any post office or other depositary under exclusive care and custody of which entity?
• Intestate may be used as an adjective to refer to which of the following?
• Unless the court directs otherwise, Surrogate's Court pleadings shall consist of which of the following?
• Who is eligible to receive letters?
• Parol evidence is generally not used to do what in probate filings?
• What is EPTL and how does it relate to the clerk's duties?
• How does the clerk handle document authentication or copies of filed papers?
• How does the clerk handle an executor's renunciation?
• Mailing by registered or certified mail requires
• Creditor means?
• What is a voluntary surrender or consent in estate proceedings?
• Which statement correctly identifies who is excluded from being a 'person interested' under the act?
• Which condition may cause a person to be declared ineligible to act as fiduciary?
• What is the purpose of the Certificate of Appointment (Letters)?
• Who must be served with citation in probate or administration proceedings?
• Which statement best describes the relationship between the clerk's duties and local court rules in ancillary probate?
• What is a waiver of citation and who can sign it?
• What is the importance of the filing fee in Surrogate's Court practice?
• Who is an Administrator?
• What is the inventory used for in estate administration?
• Mailing by express mail means
• By when must an executor file an inventory in typical Surrogate's Court practice?
• Which statement about forms in Surrogate's Court is not correct?
• Which of the following is a stage in fiduciary accounting in Surrogate's Court practice?
• Funeral expense includes which of the following?
• What is the process for issuing Letters of Administration after a petition is approved?
• Who has the power to adopt, amend and rescind an appendix of forms?
• What does the abbreviation c.t.a. stand for?
• What is the purpose of proof of service in estate proceedings?
• Which of the following is a person under disability?
• In estate terminology, what does the abbreviation d.b.n. stand for?
• If the court suspects a will may have been revoked by a later instrument, what should the clerk do?
• In some states probate is referred to by names such as Surrogate's Court, Orphan's Court, or Chancery Court.
• In legal terms, when 'devise' is used as a noun, it refers to what?
• What is the purpose of a citation in Surrogate's Court proceedings?
• Which statement correctly describes Letters Testamentary and Letters of Administration?
• Bequest or legacy is best described as?
• Which statement describes a judge's authority to provide forms in his county?
• Which entity has exclusive custody for mailed process?
• Which item is not part of the clerk's knowledge requirements?
• A person who dies without a will is known as?
• Which statement about forms is correct?
• Administrator: Which description best fits?
• Which document initiates a surrogate's court proceeding by bringing a party under the court's jurisdiction?
• What is a 'citation by publication' and when is it used?
• A Person Interested is defined as which of the following?
• What is the purpose of a trustee bond?
• Devisee means?
• Ancillary, as used in Surrogate's Court practice, most nearly means which of the following?
• Which instrument creates a testamentary trust?
• Which entity determines the validity of the will when recitals are present?
• May, when used in relation to an act to be performed by the court, means
• Which steps does a Surrogate's Court clerk take to ensure accuracy when converting physical documents to electronic records?
• Which steps are essential for protecting privileged information in filings?
• What is the primary consideration the court must focus on when determining incapacity?
• In Surrogate's Court practice, which document is commonly used to compel attendance or testimony?
• Who is a testamentary trustee?
• What is the primary role of the Surrogate's Court Clerk in the probate process?
• A '____________ trust' is a trust created by will.
• Estate means all of the property of a decedent, trust, absentee, internee or person for whom a guardian has been appointed as originally constituted, and as it from time to time exists during administration.
• A lifetime trustee is defined as
• What role does the clerk play regarding advice of counsel or attorney statements?
• In surrogate's court practice, which of the following describes the Respondent?
• How do you handle remaining assets distribution to heirs when there is a disputed will?
• Which statement best defines Guardian in this context?
• Who is a guardian?
• Why is double-checking names and spellings critical in probate filings?
• Which authority governs guardianship appointments as described?
• A Respondent is who?
• Ancillary administrator refers to which of the following?
• A testamentary trustee who has qualified without the issuance of letters shall be deemed for the purposes of this act to have received
• What steps ensure confidentiality and proper handling of sensitive data in filings?
• Guardian appointment under Mental Hygiene Law Article 81 relates to which?
• Probate refers to the court proceeding to determine if decedent left a validly executed will or whether he died intestate.
• What is the role of the Surrogate's Court Clerk in processing an estate accounting?
• Which term means a direction to mail or for mailing of process, notice or other paper?
• Which statement is true about ancillary letters of administration?
• What is required when a will is sealed or kept as a private document?
• A domicile is defined as which of the following?
• In which scenario are Letters Testamentary issued?
• cum testamento annexo refers to which concept?
• What is the Court in this context?
• In a surrogate's court proceeding, who is a respondent?
• A Guardian according to SCPA Article 1 includes which of the following?
• Legatee means
• How does a clerk handle a Renunciation by an executor?
• How does a clerk handle a motion or application in Surrogate's Court?
• Which individuals are considered interested parties for service?
• Which option below is included in the fiduciary definition?
• What is typically required before Letters of Administration can be issued if a bond is required?
• Will is defined as?
• Ancillary guardian refers to which person?
• What is the Surrogate's Court Procedure Act (SCPA) and why is it relevant to Surrogate's Court practice?
• Which statement describes assets that may pass outside probate?
• Lifetime trust is defined as?
• Ancillary letters of guardianship are issued to whom?
• If Mr. Jones dies intestate in 2018 survived by one daughter, Mary, one grandson, Bill (the child of a predeceased son), and three granddaughters, Nancy, Nora, and June (the children of a predeceased daughter), how will the estate be divided?
• What is the clerk's role in maintaining the estate docket and index numbers?
• What is a court appearance for a petition, and what might a clerk do to prepare for it?
• An incapacitated person is defined as:
• Distributee means?
• Which term refers to a court order requiring appearance or to show cause in a proceeding?
• Which entity is described as a safe deposit company?
• Upon the return of process, what is implied?
• Which document is issued by a probate court that gives an executor the power to act in a fiduciary manner on behalf of the estate?
• What must be included in the petition to obtain Letters of Administration with Will Annexed?
• Under SCPA Article 1, a Guardian is defined as which of the following?
• How does the clerk handle 'multiple executors' or co-executors in a probate?
• What documents must accompany a Petition for Probate to begin the proceeding?
• Who is the grantor?
• What are recitals in a will, and how are they used in probate?
• Mailing or mail is defined as
• Mailing by registered or certified mail; return receipt requested means
• In a will that nominates Elizabeth as trustee but is silent as to whether a bond is required, which statement is true?
• Which statement describes a Petition?
• Which statement about the use of forms in the Surrogate's Court is not correct?
• What is the purpose of a guardian ad litem in some proceedings?
• Which of the following is NOT included in the category 'Letters' as defined?
• In the Surrogate's Court, what duty does the clerk have regarding creditor claims?
• Which of the following is included as an example of fiduciary included in the definition?
• What action should a clerk take if a petition is defective or incomplete?
• Term infant definition?
• Incompetent refers to?
• Which term describes a trust created by a will?
• What are the typical methods of service for a citation?
• A '____________ trust' is a trust created by will.
• What is the significance of 'tax ID numbers' and federal/state estate taxes in court filings?