Administration In California

Published On:

Most probate proceedings are managed by California’s Independent Administration of Estates Act, which enables the executor to administer the will without permission from the court.  However, if probate is required, either an executor or a party not named will seek the court’s approval to become the administrator of the estate. The executor or administrator of the will must file a Petition for Probate in the appropriate probate court. A seasoned attorney provides clients assistance through the administration of the probate estate.

Role of executor

In addition to filing the petition to the probate court, formal notices must be provided to interested parties. Next, the validity of the will must be established by witnesses signing a statement under oath to the court. After, the court issues Letters of Administration, naming the executor and granting that person authority over the estate’s assets. The executor is required to acquire a taxpayer ID number for the estate, set up a bank account and provide an inventory and appraisal of all probate property to the court.

Because the majority of probate matters in California are handled under the state’s Independent Administration Act, the executor generally does not need to acquire permission from the probate court to perform activities that include paying taxes or selling the real estate. However, under Cal. Prob. Code §10501, a personal representative with limited authority must obtain court supervision for the following actions:

  • Sale of real property
  • Exchange of real property
  • Grant of an option to purchase real property
  • Borrowing money with the loan secured by an encumbrance upon real property

Based upon a client’s objectives, a premiere estate planning attorney creates an effective and efficient estate plan.

Seek highly experienced California estate planning attorneys

To assess a will and confirm its validity, contact the experienced attorneys of the Temmerman, Cilley & Kohlmann, LLP law firm. The firm represents clients throughout San Jose.