How can Jane Smith obtain appointment as administrator when a higher-priority heir exists under California law?
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 […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in California?
Detailed Answer In California, appointing a personal representative (executor or administrator) requires a formal probate process. You start by determining whether the decedent left a valid will. If a will exists and names an executor, you petition for Letters Testamentary. If there’s no will or no qualified executor, you petition for Letters of Administration. Prepare […]
Read article →How Is a Guardian or Guardian ad Litem Appointed to Manage a Minor’s Interest in an Estate in California?
Detailed Answer Under California law, you must petition the court to appoint either a guardian of the estate or a guardian ad litem to protect a minor’s interest in an inheritance or other estate assets. The two types of appointments serve different purposes: Guardian of the Estate—Manages the minor’s property and financial affairs until the […]
Read article →What Steps Protect a Minor's Inheritance in California When the Decedent Dies Intestate?
Disclaimer: This article provides general information under California law and does not constitute legal advice. Consult an attorney for advice specific to your situation. Detailed Answer When someone dies intestate (without a will) in California and leaves assets for a minor, state law offers several protections to ensure the child’s inheritance remains secure until they […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in California?
Key Mechanisms to Ensure Administrator Compliance in California Under California Probate Code, several safeguards ensure an administrator meets estate duties and bond requirements. These measures protect estate assets, creditors, and beneficiaries by providing accountability, transparency, and legal remedies. 1. Bond Requirement Per Probate Code §8480, an administrator must post a surety bond before managing estate […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in California?
Detailed Answer Under California law, a personal representative (formerly called an executor or administrator) may request a statutory commission on all estate assets and on the gross proceeds from any sales. These commissions serve as compensation for managing estate affairs, including collecting assets, paying debts, and distributing property to beneficiaries. Statutory Authority California Probate Code […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in CA?
Detailed Answer When an individual passes away in California, the personal representative (executor or administrator) must follow a court-supervised process to identify assets, settle debts, and distribute remaining property. Below is an overview of these steps under California Probate Law. 1. Locate and Secure Assets Begin by identifying bank accounts, real estate, investments, vehicles, and […]
Read article →How Do Intestacy Rules Apply if No Valid Will Is Found in California?
Detailed Answer When someone dies without a valid will in California, the state’s intestacy laws determine how their estate distributes. These laws appear in the California Probate Code §§ 6400–6454. The rules follow a clear hierarchy, giving priority to close relatives. 1. Surviving Spouse and Domestic Partner Under Probate Code § 6401, a surviving spouse […]
Read article →Which court or county office handles estate administration and unclaimed property claims in California?
Detailed Answer Estate Administration in California California requires probate and estate administration to occur in the Superior Court of the county where the decedent lived at the time of death. The Probate Division oversees these proceedings, including appointment of personal representatives, validation of wills, and distribution of assets. See California Probate Code § 8000 for […]
Read article →What steps are required to open an estate proceeding when no probate case exists in California?
Detailed Answer To open an estate proceeding in California when no probate case exists, follow these steps. You may use a small estate procedure for modest estates or file a formal probate petition. California Probate Code dictates requirements for each option. 1. Determine Small Estate Affidavit Eligibility If the decedent’s personal property totals $184,500 or […]
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