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 Haapala, Thompson & Abern, LLP

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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