Detailed Answer
California courts appoint an administrator based on statutory priority. Prob. Code §8401 ranks eligible persons from highest to lowest. When a higher-priority heir exists, you must show why that heir cannot serve. Below are the key steps:
1. Understand the Priority List
Under Prob. Code §8401, the order is:
- Surviving spouse or registered partner
- Children
- Grandchildren
- Parents
- Siblings
- More remote relatives
- Creditors (if no qualified heir)
2. Establish a Disqualifying Factor
To bypass the higher-priority heir, demonstrate one of the following under Prob. Code §8403:
- They file a written renunciation or waiver.
- They are legally disqualified (minor, convicted felon, mentally incapacitated).
- They fail to petition within 90 days of the decedent’s death (Prob. Code §8402).
- They are unwilling or unable to serve (illness, conflict of interest).
3. File Your Petition
Complete Judicial Council Form DE-121 (Petition for Probate). Attach evidence of the higher heir’s renunciation or disqualification. Submit to the appropriate California Superior Court. Serve notice on all interested parties as required.
4. Address Bond Requirements
Unless waived, you must post a bond. See Prob. Code §8480. The court may set the bond amount based on estate value.
5. Attend the Court Hearing
The court schedules a hearing. Present your petition and supporting evidence. If the judge finds the higher heir disqualified or the next heir’s petition timely, the court issues Letters of Administration to you.
Helpful Hints
- Review the complete heirship priority list before filing.
- Obtain signed renunciation forms early to avoid delays.
- File your petition within statutory deadlines to protect your priority.
- Prepare to post a bond unless the will waives it.
- Notify all interested parties to prevent objections.
Disclaimer: This article is for informational purposes and does not constitute legal advice.