Paralegal Advanced Competency Exam (PACE) Practice Exam

Which document is necessary for an executor to carry out the terms of a will?

1. Letters of administration

2. Letters patent

3. Letters testamentary

4. Power of attorney

The correct answer is: Letters testamentary

The correct document that is necessary for an executor to carry out the terms of a will is letters testamentary. This document is issued by a probate court and grants the executor the legal authority to administer the estate of the deceased according to the wishes expressed in the will. It enables the executor to perform essential tasks such as collecting assets, paying debts and taxes, and distributing inheritances to beneficiaries. Letters of administration pertain to situations where a person dies intestate (without a will) or when a will does not name an executor. Letters patent are generally associated with official documents that grant rights or privileges but do not typically relate to the probate process. A power of attorney, while important for managing someone's affairs while they are alive, is not applicable after death and does not confer authority to manage a deceased person's estate. Therefore, letters testamentary are specifically designed for the needs of an executor managing a will, making it the necessary document for this role.