Legal Question in Wills and Trusts in California

Father lived and passed away in California. He didn't have a will. My mother and siblings want me to be executor of his estates. Can I be the executor if I live overseas? I am filling out forms DE-111, DE-121 and DE-147. Is there other forms that I need to fill out?


Asked on 8/05/12, 12:51 pm

2 Answers from Attorneys

Jennifer Rouse Meissner Joseph & Palley

You should retain counsel to assist you with the probate especially if you are unable to personally appear at hearings. An attorney can complete all the necessary forms including any local forms that are required and can make court appearances for you. The court will most likely not appoint you as administrator if you do not live in the US.

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Answered on 8/06/12, 9:06 am
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I am sorry for your loss. Since your father passed away without a will, you would be petitioning the court to be appointed administrator of the estate. California does not require that estate administrators reside within the state. However, the court may or may not be willing to appoint you as the administrator if you do not reside in the United States. Additionally, for all proposed estate administrators residing outside the state of California, the court will require a bond to be posted by a Probate bonding company. You will need to be �bondable� or credit worthy. Unfortunately, no bonding company will bond you without an attorney. As Attorney Rouse has stated, you should retain an attorney to assist you with this and to make all court appearances on your behalf. I would be more than happy to discuss this with you further. You can email me at [email protected].

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Answered on 8/07/12, 6:28 pm


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