cum testamento annexo refers to which concept?

• A. testament
• B. with the will annexed
• C. cum testamento annexo
• D. nuncupative will

Answer: (C)

cum testamento annexo is the term used for administration when there is a will, but no executor who can act. It means “with the will annexed,” so the court appoints an administrator with the will annexed to collect assets and distribute them according to the will’s terms. This handles situations where the named executor cannot serve (dead, unable, or unwilling), and the administrator with the will annexed must follow the will under the probate court’s oversight. It differs from a nuncupative (oral) will and from cases where there is no will at all (intestate).