Which scenario requires administration rather than probate?

• A. There is no will.
• B. There is a valid will and named executor.
• C. There is a payable-on-death account.
• D. There is jointly held property.

Answer: (A)

The main idea is distinguishing probate from administration. Probate is the process for proving a valid will and appointing the person named as executor to handle the estate. Administration is used when there is no will, so the court appoints an administrator to gather assets, pay debts, and distribute according to intestacy laws.

If there is no will, there is no named executor to administer the estate, so the court must appoint an administrator. That scenario requires administration rather than probate.

If there is a valid will and a named executor, the proper path is probate to admit the will and appoint the executor to take charge.

A payable-on-death account passes outside probate to the designated beneficiary, so it does not require probate or administration to transfer that asset.

Jointly held property with right of survivorship transfers automatically to the surviving co-owner and typically does not go through probate for that asset.

So the scenario that requires administration is the one with no will.