Legal Question in Wills and Trusts in California

My father passed away in November 2010 and named his fiance as executor of his estate. I got a notice from her attorney today that they have a court hearing in a couple weeks for a "letter of special administration". What exactly is that? My stepsister is the successor trustee and has been handling everything with the estate up until now.


Asked on 3/25/11, 7:50 pm

3 Answers from Attorneys

Jonathan Reed Reed & Mansfield

One of the problems that a potential executor sometimes encounters is that the potential executor contacts a bank where the decedent has an account and the bank says, "We can't tell you anything until you are appointed as executor by the a court." But, there are different probate procedures depending on the size of the estate. So now the potential executor has a problem: Which probate procedure to start without knowing the size of the estate?

One solution is for the potential executor to do a special administration which lets the potential executor get a document from the court which will authorize the bank to disclose the assets so the potential executor can size up the estate and then know which probate procedure to do.

I can't tell from your post if this is what is going on in your case, but it may well be.

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Answered on 3/26/11, 8:56 am
Aaron Feldman Feldman Law Group

An executor handles administration of Probate. Your question also states that your step-sister is the successor trustee for some sort of trust. It is unclear whether your father had some assets that are in a trust and some assets outside of a trust that would require Probate administration. An attorney would need to review a copy of the will (which should be filed with the Court) and a copy of the trust (assuming you are even a beneficiary under the trust) to provide a clear answer to your questions. Given that there is a hearing pending, I urge you to hire an attorney as soon as possible to protect your rights.

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Answered on 3/26/11, 10:48 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Feldman.

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Answered on 3/26/11, 8:47 pm


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