Paralegal Advanced Competency Exam (PACE) Practice Exam

What is the purpose of letters of administration?

1. To formally appoint an executor for a will

2. To provide a personal representative for a decedent who died intestate

3. To grant ownership rights to a beneficiary

4. To invalidate previous wills

The correct answer is: To provide a personal representative for a decedent who died intestate

Choosing to focus on the purpose of letters of administration, it's essential to understand that they serve as a legal document issued by the court when an individual dies without a valid will, also known as intestate. In such instances, there is no designated executor who would typically oversee the management and distribution of the deceased's estate. Letters of administration appoint a personal representative, often referred to as an administrator, who is granted the authority to settle the decedent's affairs, including gathering assets, paying debts and taxes, and distributing the remaining estate to heirs according to the laws of intestacy. This process is crucial because it provides a clear legal framework for managing an estate when a will is not present, ensuring that the decedent’s assets are handled and distributed appropriately and in compliance with state laws. In contrast, the other options do not accurately represent the function of letters of administration. The formal appointment of an executor applies specifically to cases where a will exists. Granting ownership rights to a beneficiary relates to the distribution of assets under a will or through intestacy laws but is not the primary function of letters of administration. Additionally, letters of administration do not serve to invalidate previous wills; rather, they are used in scenarios where no will exists at all.