NALA Certified Paralegal Practice Exam

Question: 1 / 400

Which of the following is NOT typically included in the probate process?

Distribution of the deceased's estate

Settling debts and claims against the estate

Court determination of guardianship for minors

The probate process primarily involves the legal procedures required to settle a deceased person's estate, which includes the distribution of assets, settling debts and claims, and managing the remaining assets after debts are settled. This process ensures that the deceased's wishes are honored as laid out in their will, and that creditors are paid before any distribution to beneficiaries occurs.

The determination of guardianship for minors, however, is not a typical function of the probate process. While guardianship issues may arise as part of the overall estate planning and administration, they are generally addressed separately through family law or custody proceedings rather than within the probate framework. Therefore, choices concerning the distribution of the estate, settling debts, and managing assets are all integral to probate, whereas guardianship determinations are handled by courts under different legal provisions.

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Collecting and managing the assets of the deceased

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