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, the California probate administration is necessary in many cases. There are several different ways and types of petitions 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 petitions that can be used to begin probate in California:
- Petition for Probate of Will and Letters Testamentary
- Petition for Probate of Will and Letters of Administration with Will Annexed
- Petition for Letters of Administration
- 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 Letters Testamentary. In some cases, your loved one may have left behind a will, but one of the following conditions exist:
- The executor was not 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 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 a personal representative of the estate. Sometimes, you may need to obtain a quicker appointment 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 the permanent letters are obtained. This Petition can also be used to authorize permanent powers during a will contest situation.
If you are ready to start your case, then please give us a call or fill out our Get Help Now form. If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.