Table of Contents
Understanding California Intestate Probate
Who Can Serve as Administrator of an Estate?
Can a Person Refuse to Serve as Administrator?
Order of Priority for Appointment in California
Why the Appointment Order Matters
How The Grossman Law Firm Can Help
Key Takeaways
- When someone dies without a will in California, the estate is handled through intestate probate.
- The probate court must appoint an administrator (rather than an executor) to manage the estate.
- California Probate Code establishes a clear priority list for who can serve as administrator.
- Individuals with higher priority can nominate others to serve in their place.
- The Grossman Law Firm helps heirs and family members resolve disputes over who should administer a California estate.
Understanding California Intestate Probate
When a person passes away without leaving a will, their estate is said to be intestate. Under California Probate Code §§6400–6414, the court follows a statutory process to determine who inherits the estate and who will manage it.
Instead of an executor (who is named in a will), the court appoints an administrator to handle the estate’s affairs. This person performs similar duties—such as collecting assets, paying debts, and distributing remaining property—but their appointment comes directly from the probate court.
At The Grossman Law Firm, we frequently help families through this process, especially when disputes arise over who should serve as administrator or how the estate should be managed.
Who Can Serve as Administrator of an Estate?
The court gives first consideration to those closest in relationship to the decedent. However, anyone seeking an appointment must meet the following basic requirements:
- Be a U.S. resident.
- Be at least 18 years old.
- Not be legally incapacitated or subject to a conservatorship.
- Not have a conflict of interest that would impair their duties.
In many cases, the court prefers to appoint a family member. But when there’s disagreement—or when no family member is willing or qualified—the court may appoint a neutral third party, such as a public administrator.
Can a Person Refuse to Serve as Administrator?
Yes. Serving as an administrator involves significant responsibility and potential personal liability.
If a person with priority does not want to serve, they may formally decline the appointment. California law allows that person to nominate someone else—usually a relative or trusted individual—to act in their place.
For example:
- A surviving spouse might nominate an adult child.
- A sibling might nominate another brother or sister who has more time or experience handling finances.
When the nomination comes from someone in the same class of relatives—such as children, parents, or siblings—the nominee inherits that person’s same priority ranking before others in the same category.
Order of Priority for Appointment in California
If there is no will, California Probate Code §8461 sets the legal order of priority for appointing an administrator:
- Surviving spouse or domestic partner
- Children
- Grandchildren
- Other issue (great-grandchildren, etc.)
- Parents
- Brothers and sisters
- Issue of brothers and sisters (nieces and nephews)
- Grandparents
- Issue of grandparents (uncles, aunts, cousins)
- Children of a predeceased spouse or domestic partner
- Another issue of a predeceased spouse or domestic partner
- Other next of kin
- Parents of a predeceased spouse or domestic partner
- The issue of those parents (in-laws, for example)
- Conservator or guardian of the estate of the decedent
- Public administrator
- Creditors
- Any other person the court finds suitable
If multiple people within the same category (like several children) wish to serve, the court can:
- Approve one by agreement, or
- Appoint them as co-administrators, allowing them to share duties and responsibilities.
How Conflicts Are Resolved
Sometimes, disputes arise among family members about who should manage the estate. These disputes can quickly lead to probate litigation, especially when there are allegations of:
- Mismanagement or conflict of interest
- Exclusion of certain heirs
- Failure to communicate or account for estate assets
When disagreements occur, the court may consider each petitioner’s qualifications and decide who is best suited to serve.
The Grossman Law Firm represents heirs, beneficiaries, and family members in these situations—either to challenge an unsuitable administrator or to defend a rightful appointment.
Why the Appointment Order Matters
The priority system serves two important purposes:
- It ensures that those most directly affected by the estate’s outcome have the first opportunity to manage it.
- It aligns with California’s intestate succession laws—those who inherit from the estate generally come first in line to manage it.
This structure helps maintain fairness and predictability, especially when emotions or family relationships complicate the process.
If you’re unsure who should serve—or if you believe someone unfit is being considered—the best step is to consult an experienced probate attorney who understands California’s procedural and practical realities.
Related Resources
- Overview of the California Probate Process
- How Long Does the Executor Have to Pay the Beneficiaries?
- What Happens If There’s No Will in California?
- Can’t Afford a Probate or Trust Attorney?
- The Insider’s Guide To California Probate And Trust Administration
FAQ
What if no family member is willing to serve?
If no qualified relative steps forward, the court may appoint a public administrator or another interested person (like a creditor) to handle the estate.
Can two people share the role of administrator?
Yes. The court may appoint co-administrators when multiple individuals in the same priority class agree, or when it would help ensure fair management.
Does the administrator get paid?
Administrators are entitled to statutory compensation under California Probate Code §§10810–10814, based on the size of the estate.
Can the court remove an administrator?
Yes. If the administrator fails to perform their duties, mismanages assets, or acts in bad faith, beneficiaries or heirs can petition for removal.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries, heirs, and family members navigate disputes about estate administration in California probate cases. Whether you need help being appointed, contesting an appointment, or removing an unfit administrator, our team can guide you through every step of the process.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you.
Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Aug 5, 2016