Legal Question in Wills and Trusts in California

I was named as "Executor" of the estate of my grandfather in his will. All matters were basically handled prior to his death. There is a life insurance policy that I have been trying to redeem that the company is asking for a "Court-appointed executor" form.

Is there a form that can be completed; signed off on by the courts without incurring large legal expenses, and if so, what is the form and where is it obtained?

Thank you for your time and consideration of this matter.

Asked on 3/05/13, 10:41 am

2 Answers from Attorneys

Scott Jordan Dunning Law Firm

What is the value of the life insurance? Are beneficiaries named for the policy? Assuming for the moment that probate is not required, you may be able to accomplish your goals using an affidavit. There is no form. Usually an attorney drafts the document. The cost is minimal compared to probate.

I can assist you in this matter. Please feel free to call me at (925) 362-1725.

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Answered on 3/05/13, 10:49 am

Chris Johnson Christopher B. Johnson, Attorney at Law

You can likely use the small estates affidavit procedure under Probate Code section 13100 (and following) if the life insurance proceeds will be less than $150,000, and this will avoid probate and your having to be appointed executor. Financial institutions' default answer is usually "we need a court order" or "we need letters testamentary from the probate court", so it may take a little convincing by you or an attorney to get them to accept the affidavit.

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Answered on 3/05/13, 10:57 am

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