Legal Question in Wills and Trusts in California

Is the executor of an estate required by law to file the will with the court. Is she also required to provide an inventory of the deceased's property and to inform the next of kin and beneficiaries of the will/trust?


Asked on 12/25/10, 9:54 am

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

Yes.

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Answered on 12/30/10, 10:23 am
Kai Wessels Kai H. Wessels

Your answer to your questions is yes. You should retain counsel to assist you with the probate undertaking.

Sincerely,

Kai H. Wessels, Esq.

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Answered on 12/30/10, 12:11 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

The answer to your questions, is yes. According to

Probate Code �8200, the personal representative or executor must lodge, deposit or file the decedent's Will with the Probate court within thirty days of the decedent's date of death or within thirty days after learning of the death of the decedent. In California, a Will is subject to Probate. As a part of the Probate process, the executor must file an inventory of the decedent's property. All noncash property subject to probate is appraised by the assigned Probate referee, while the executor is responsible for appraising all cash property. The executor is also required to provide notice of the proceedings to a number of individuals including beneficiaries and next of kin. If the decedent died with a properly funded and executed Trust, Probate proceedings are not ordinarily necessary. If the Trustee of the trust does not provide an accounting, beneficiaries have the right to request one. If the Trustee still does not provide an accounting, an action in Probate may be brought by any interested party, including Trust beneficiaries.

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Answered on 12/30/10, 12:22 pm


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