How to Become the Administrator of Your Father’s Estate in California

Short answer: If your father died without a will (intestate), you can ask the probate court to appoint you as the estate’s administrator (also called a personal representative). You do this by filing a petition for letters of administration with the superior court in the county where your father lived. The court will notify heirs and creditors, decide who has priority to serve, and may require a bond and a hearing before issuing official letters that let you manage and distribute the estate.

Disclaimer

This is general information and educational only. It is not legal advice. For advice about your specific situation, talk with a California probate attorney.

Detailed answer — step-by-step under California law

The steps below summarize how to seek appointment as administrator when someone dies without a will in California. See California probate resources for forms and local rules (links below).

1. Confirm intestacy and identify likely heirs

“Intestate” means there is no valid will. California law sets who inherits when a person dies intestate. Usually the surviving spouse and children are first in line; if none, more distant relatives inherit. For a full discussion of intestate succession, see the California Probate Code and state courts’ self-help pages.

2. Who has priority to be appointed?

California gives priority to certain people to serve as personal representative. Typical priority order (simplified):

• Spouse or domestic partner (if no children of the decedent from other relationships)
• Children or descendants of children
• Parents
• Siblings
• Other relatives
• A creditor or any other person if no heirs are known

If more than one person in the same priority class wants to serve (for example, multiple children), they commonly agree among themselves or the court decides. If you are a child of the decedent, you are generally in a strong position to be appointed.

3. File the petition with the probate court

To start the process, file a petition for probate seeking appointment as administrator (where there is no will, you ask for Letters of Administration). In California, use the local superior court probate clerk and the Judicial Council probate forms. The main form is often called “Petition for Probate” (Judicial Council form DE-111) and related local attachments. The court clerk can tell you the forms required in your county and the filing fee (fees may be waived for low-income petitioners).

Useful official links:

• California Courts probate self-help overview: https://www.courts.ca.gov/selfhelp-probate.htm
• Judicial Council form (Petition for Probate — DE-111): https://www.courts.ca.gov/documents/de-111.pdf
• California Probate Code (official code): https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROB

4. Provide notice

The court requires notice to certain people: heirs, beneficiaries (if a will existed), and creditors. The court will usually set a hearing date and require you to mail or personally serve notice and file proof of service. The notice period gives interested persons a chance to object to your appointment.

5. Bond and fiduciary duties

The court may require an administrator’s bond (insurance protecting the estate). Sometimes the court waives the bond when all heirs agree in writing. As administrator you have fiduciary duties: collect assets, preserve estate property, pay valid debts and taxes, file reports, and distribute assets according to intestacy rules. California law governs these duties and timelines.

6. Hearing and issuance of Letters of Administration

If no one objects (or if the court overrules objections), the judge will appoint the administrator and issue Letters of Administration. Those letters are the court’s written authority for you to act for the estate (e.g., access bank accounts, sell property, settle debts).

7. Inventory, notices to creditors, accounting, and distribution

After appointment you must inventory assets, publish or send notices to creditors as required, pay valid claims, and provide inventories or accountings to the court when required. After debts and taxes are settled, you distribute the remaining estate to heirs under California intestacy rules and obtain court approval where necessary.

8. Timeline and common delays

Time varies. Simple, uncontested appointments can take a few weeks to a few months. Complicated estates, creditor claims, disputes among heirs, or real property sales can stretch the process longer. Hiring an attorney speeds complex matters and avoids costly mistakes.

When you might be blocked or face disputes

• Another person with higher priority seeks appointment (e.g., surviving spouse).
• Heirs disagree about who should serve or object to your fitness to serve (e.g., due to criminal history, conflict of interest, or incapacity).
• Creditors or tax issues create delays.

Where to get forms and local rules

Start at the California Courts probate self-help pages and your county superior court’s probate department page. To find your court: https://www.courts.ca.gov/find-my-court.htm. The court clerk can tell you county-specific requirements and filing fees.

Helpful Hints

• Gather documentation before filing: death certificate, decedent’s last residence, asset lists (bank, real property, vehicles), and names and contact info for heirs.
• Talk to the probate clerk early. They can list required forms and fees for your county.
• Consider a short family meeting. If heirs agree on who should be administrator and agree to waive a bond, the court process is often faster and cheaper.
• Keep careful records and a separate bank account for estate funds. As administrator you must keep estate and personal funds separate.
• Watch filing deadlines for creditor claims and tax returns. Missing deadlines can expose the estate or you to liability.
• If the estate is small, California’s simplified procedures (small estate summary or affidavit procedures) may let you avoid full probate. Check the California Courts site for small-estate limits and procedures.
• If you expect disputes or complex issues (real property, business ownership, tax issues), consult a probate attorney. Many offer initial consultations and can explain costs vs. benefits of hiring counsel.

Official resources

• California Courts — Probate self-help: https://www.courts.ca.gov/selfhelp-probate.htm
• Judicial Council forms (start with DE-111): https://www.courts.ca.gov/forms.htm?filter=DE-111 (direct PDF: https://www.courts.ca.gov/documents/de-111.pdf)
• California Probate Code (official): https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROB
• Find your county court: https://www.courts.ca.gov/find-my-court.htm

Final notes

Becoming an administrator carries responsibility. The court expects administrators to act honestly, prudently, and in the heirs’ best interests. If you cannot manage the duties, the court can remove you and appoint someone else. If you have questions about a contested appointment, bond issues, or estate taxes, get help from a probate attorney in California.