Legal Question in Wills and Trusts in California

Can the legal surviving spouse file a form to become executor of her deceased husbands estate?

Asked on 3/26/21, 11:30 am

2 Answers from Attorneys

Timothy McCormick Law Offices of Timothy McCormick

Anyone can petition to be the administrator of an estate. If there are competing petitions, the probate court chooses based on a variety of criteria.

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Answered on 3/26/21, 1:30 pm
Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

If you have been named as Executor/Executrix under the will you can immediately commence the probate. If there was no will, anyone can petition to be the administrator.

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Answered on 3/26/21, 2:09 pm

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