Legal Question in Wills and Trusts in California

My wife's mother recently passed away. She left a will, but no power of attorney for her house that we need to sell. We need to file a form with the court to make her executor of the will and trust so she can sell house and distribute any profits.

I understand there is a $350 court charge, and a charge for listing notice of estate in local paper.

My question is what forms do I need to fill out to file with the courts to get her named as executor of the will and trust.

We need to move fast because we have an offer on the house.


Asked on 10/20/09, 12:08 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

you will need to file a petition for probate. you can find the judicial council form at "http://www.courtinfo.ca.gov/selfhelp/". however, you will not be able to accept any offer on the house (or close escrow) until after the petition has been filed, a hearing on the petition has been noticed, an executor has been appointed (normally the person designated in the will), letters testamentary have issued, and the beneficiaries have received notice of the sale (or waived notice). even this will depend upon the specific language of the will (and its validity). you can attempt to do this yourself, but retaining a qualified attorney is strongly advised.

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Answered on 10/20/09, 12:35 pm


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