4 Types of Petitions for Starting a California Probate Administration

After the passing of a loved one, the last thing that many people want to think about is the administrative hassle of probating an estate. Unfortunately, California probate administration is necessary in many cases. There are several different ways to begin the administration of an estate. An experienced Riverside probate attorney can guide you through this process.

The following is an overview of the types of documents that can be used to begin a probate in California:

 

  1. Petition for Probate of Will and for Letters Testamentary
  2. Petition for Probate of Will and for Letters of Administration with Will Annexed
  3. Petition for Letters of Administration
  4. Petition for Letters of Special Administration

 

If your loved one passed away leaving a will that named you executor, you would file a Petition for Probate of Will and for Letters Testamentary. In some cases, your loved one may have left behind a will, but one of the following conditions exist:

 

  • No executor was named.
  • The named executor has passed away.
  • The named executor is unable or unwilling to serve.

 

In these situations, you would file a Petition for Probate of Will and for Letters of Administration with Will Annexed.

If your loved one passed away without leaving a will, however, the type of petition is different. Without a will, you would file a Petition for Letters of Administration. In the petition, you would ask that the court appoint an administrator to act as personal representative of the estate. Sometimes, you may need to obtain a quicker appointment in order to protect the assets of the estate or for some other reason. A Petition for Letters of Special Administration will request that the court authorize certain limited acts on behalf of the estate until such time as the permanent letters are obtained. This Petition can also be used to authorize permanent powers during a will contest situation.

For more information about opening an estate, view our free guide, Probate a Will or Administer a Trust After the Loss of a Loved One. To learn more, contact an experienced Riverside estate attorney today. Call the Grossman Law Firm at (888) 443-6590.

Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307