FSE 2080 1.4 Practice Exam Questions
and Correct Answers
List one document which can be used as evidence to begin probate ✅An
authenticated copy of a death certificate issued by an official or agency of the place
where the death purportedly occurred is prima facie proof of the fact, place, date, and
time of death and the identity of the decedent.
Define a beneficiary by florid law ✅Beneficiary means any of these, heir, legatee, or a
devisee. Beneficiary means hair at law in an intestate estate and devisee in a testate
estate.
Are stepchildren given the same status as blood children under Florida probate code
✅No, though adopted children are not excluded and would have the same rights as a
blood child.
Define devise by Florida probate code. ✅The term includes "gift," "give," "bequeath,"
"bequest," and "legacy. Devise refers to both real and personal property in Florida,
though only to real property in general.
What term is defined as a persons usual place of dwelling and shall be synonymous
with residence. ✅Domicile
Do heirs receive property from a will? ✅"Heirs" or "heirs at law" means those persons,
including the surviving spouse, who are entitled under the statutes of intestate
succession to the property of a decedent.
Do foster parents count as a parent in Florida probate code ✅Parent excludes any
person who is only a stepparent, foster parent, or grandparent.
What term is defined as the fiduciary appointed by the court to administer the estate
✅Personal representative
What is another name for personal representative? ✅Administrator, administrator cum
testamento annexo, administrator de bonis non, ancillary administrator, ancillary
executor, or executor.
What term is defined as the assets of the estate which remain after the provision for any
devise which is to be satisfied by reference to specific property or type of property, fund,
sum, or statutory amount ✅Residuary devise
, If a father/ husband dies intestate leaving alive a wife and 2 minor children of both the
husband and wife what is the spousal share? ✅If there are surviving lineal
descendants of the decedent, all of whom are also lineal descendants of the surviving
spouse, the first $60,000 of the intestate estate, plus one-half of the balance of the
intestate estate.
If a husband/father dies intestate leaving alive a wife but no children, what is the
spousal share? ✅If there is no surviving lineal descendant of the decedent, the entire
intestate estate.
If a husband/father dies intestate, leaving alive a wife and minor children from his first
marriage but not from his current wife, what is the spousal share? ✅If there are
surviving lineal descendants, one or more of whom are not lineal descendants of the
surviving spouse, one-half of the intestate estate.
Place the following heirs in the order they would receive property assuming there is no
person in a higher priority position ✅Lineal descendants (children), parents, siblings,
half to paternal and maternal grandparents, late spouses parents.
Assume a person dies who was never married and has no children. He/she is
proceeded in death by his/her parents. He / She has 7 siblings:
3 (Adam, Becky and Cindy) have the same father and mother,
2 ( Derek and Eric) with the same father, but different mother, and
2 (Frances and Greta) with the same mother but different father.
When the person dies and the intestate estate is probated, what portion of the estate
will each receive? ✅3 (Adam, Becky and Cindy) have the same father and mother.-
Each get 20 %
2 ( Derek and Eric) with the same father, but different mother- Each get 10 %
2 (Frances and Greta) with the same mother but different father. - Each get 10%
If a father conceives a child who is not yet born at the time of the fathers death, how will
the child be treated by the probate code. ✅Heirs of the decedent conceived before his
or her death but born thereafter inherit intestate property as if they had been born in the
decedents lifetime.
What term defines the forfeiture of the property to the state in the event of no survivors?
✅Escheat
