An executor (or administrator when there is no will) can be thought of as the "CEO of the Probate." It is a crucial legal and personal responsibility. The role of an executor An executor serves as the personal representative of the estate and sees to it that the will...
Create an executor checklist to avoid estate problems
An executor must know of the duties that are assigned to his or her care. In California, any person who acts irresponsibly in this role could face a probate lawsuit from a beneficiary or creditor. Making a checklist helps an executor to avoid unnecessary probate...
What could delay the probate process in California?
Both the executor (or administrator) of an estate and its beneficiaries generally want to finish probate as quickly as possible. However, there are certain situations that delay the process. It could take over a year to sort through everything, depending on what's...
How does probate work?
The survivors or any interested property (such as a creditor) may open an estate to deal with various administrative issues when someone passes away. Such actions may occur whether the deceased had a will or died without one. Either way, matters related to settling...
Why a corporate executor might be right for your estate
If you are writing a will, you may be thinking about who to appoint as executor for your California estate. This is often a spouse or an adult child, but if there is not anyone suitable, you could consider a corporate executor. The job of the executor Appointing the...
Probate and real estate
Probate in California is one of the legal processes that can allow people to purchase real estate. It is the means by which the court system auctions off real estate that was left behind by people who pass away without a will. Probate is also a way for executors or...
Navigating probate – many rules, many landmines
The probate process involves federal law, California law, California Rules of Court, and Local Rules. On top of that, sometimes there are international issues, and then there non-rule-based issues like communicating with court staff and judges. Frankly, there is no...
Do beneficiaries really sue executors?
Depending on the case, the beneficiary of an estate and even another interested party can take action against an executor. Beneficiaries (or heirs) rely on an executor to administer assets and close out an estate. These individuals have a right to sue an executor (or...
What does an executor/administrator do?
In California, the probate process involves proving whether a will is valid. Once a will gets validated, the probate court appoints an executor or an administrator to oversee the distribution process. When there is no will or there is no person named in the will who...
What to know about contesting a will
If a deceased loved one died with assets titled in his or her name, that person's estate will likely be subject to probate. If this person lived in California, then California law dictates how the deceased person's property is administered. California law also...