If I cannot avoid a Probate, what do I do?

You cannot get control of an asset and sell it or cash it in until the court issues the probate letters to you. If there is a will, someone named as executor has to step forward and petition the court to be named “executor”. If there is no will, California law decides who in the family gets the assets and gives priority to a spouse, or then children, or then some other family member to be named “administrator.” The person named as executor or administrator is called the “personal representative of the estate.” We will use the term executor but here it will also mean an administrator.

The executor cannot then distribute out the estate to the beneficiaries until at least four months have passed after the probate letters are issued and the judge then authorizes the executor to distribute the estate. Hence, our goal is to get the probate letters issued as quickly as possible so the four month period can begin running.

To get the letters issued, you must file a petition with the court for someone to be named the executor or administrator. Therefore, as quickly as you can, you should call us to set an appointment for us to get the information to prepare the probate petition for you.