Paralegal Advanced Competency Exam (PACE) Practice Exam

What do letters testamentary allow an executor to do?

1. Manage the estate of a decedent who died intestate

2. Act on behalf of a decedent who had a valid will

3. Cancel previous wills and stipulate new terms

4. Distribute assets to those deemed worthy

The correct answer is: Act on behalf of a decedent who had a valid will

Letters testamentary are official documents issued by a probate court that empower an executor named in a person's will to administer the deceased person's estate. When someone dies with a valid will, this document is essential because it serves as proof of the executor's authority to act on behalf of the decedent in managing their estate. The executor's responsibilities include gathering and managing the assets of the estate, paying any debts and taxes owed, and distributing the remaining assets to the beneficiaries named in the will. The letters testamentary grant legal recognition to the executor, ensuring they can perform these duties within the confines of the law. While letters testamentary do not allow for the management of an intestate estate (one without a will), nor do they have the power to cancel previous wills or dictate new terms (which typically requires a formal legal process), they do specifically enable actions based on a valid will. Distributing assets to those considered "worthy" is also not within the executor's discretion; they must follow the directives laid out in the will rather than make subjective judgments about who deserves what.