Legal Question in Wills and Trusts in California

Re: Probate in California

It depends on the size and complexity of the estate. After speaking to a colleague in Oregon (I do not practice Oregon Law), it sounds as if California is more complicated/expensive/etc. I have never heard anybody describe our probate system as "very easy" (or even easy).

Re: Probate in California

No it is not the same in California. You should probably contact an attorney in California, or decline.

Re: Probate in California

Although probate in California can be a complicated process, we try to make it as easy for our clients as possible. We have handled many cases where the executors were out of state, and in those cases, we merely prepare all of the paperwork that has to be signed by the executor, and use either mail or fax. Our office is located in Orange County, California. If you would like more information or assistance, I can be reached at [email protected].

Good luck to you.

Re: Probate in California

That will depend upon the nature and size of the estate,the terms of the will, an whether there turns out to be any disputes from creditors or would be heirs. You are not required to accept appointment as executor. If you do you should hire a local Probate lawyer to assist. The costs are paid from the estate. You may also be entitled to compensation yourself.

Re: Probate in California

The process is not terribly complicated. There are, however, other matters that CAN make it more complicated. These will depend upon the value of your aunt's estate, whether her will is clear and straight-forward, whether there will be objections by any heirs or omitted heirs, etc.

Being an out of state executor can be simple if the estate is simple. California law generally requires an out of state executor to obtain a bond even if the will waives bond for the executor.

Let me know if you would like to discuss this matter.

Caleb