If you were named the executor in the will of your friend or loved one, you may be confused as to what to do next. People often think that banks and other institutions will recognize an executor’s authority, by presenting a copy of the will. Unfortunately, this is not the case. In order for others to recognize someone as being appointed as executor, you have to follow California probate laws and obtain letters of administration from a judge. An experienced California trust attorney can help guide you through this process.
How to get your letters of administration in California probate court:
- After the passing of the deceased, locate the will that names you as executor.
- Complete form DE-111, this is a petition for appointment as executor.
- Next, file the complete petition and the will with the clerk of court in the county where the person lived.
- Deliver copies of the petition and will to everyone entitled to receive notices under California law. Including heirs named in the will.
- Prepare form DE-147 (Duties and Liabilities of Personal Representative) and file it with the court.
- Finally you will attend a scheduled hearing before a judge to obtain letters of administration.
Completing this process is not the entire probate process in California. This is the first step to administering a probate.
The typical probate in California takes approximately 14 months to complete. After you have completed this step of the process, you must then start to administer the estate. Being appointed as executor is a large responsibility and one that you often need help to complete. California probate laws are complex, and it is important that you have someone with experience and understanding of the law to guide you through this process. For more information, call (888) 443-6590 for your free 30-minute phone consultation.