Category Archives: Probate

Who is in charge of a California probate when there is no will? Who will be the administrator?

Elder Law, Estate Planning, Probate

California law dictates who has priority to serve as administrator of your probate estate if you died without a will and with a California estate large enough to require a California probate. In such cases, a person in the following relation to the decedent is entitled to appointment as the California administrator in the following order of … Continue reading Who is in charge of a California probate when there is no will? Who will be the administrator? →

Your family tree: its due process importance in estate administration, trust administration, and conservatorships

Conservatorship, Elder Law, Family, Probate, Trust Administration

Due process and California law requires that your closest blood relatives* be notified by the person in charge of your estate if you died or became incompetent in each of these California contexts: 1. If probate is required because you died without a will, your administrator must notify your heirs*, as your heirs are those … Continue reading Your family tree: its due process importance in estate administration, trust administration, and conservatorships →

If a parent abandons a child, should that parent be allowed to inherit if (years later) the child died without a will?

Family, Probate

Historically, both parents have had a legal right to inherit from a child who died without a will, if that child died with no spouse, no registered domestic partner, and no descendants. This has long been the law in California, even in cases where a parent abandoned the child from birth, sometimes resulting in grossly … Continue reading If a parent abandons a child, should that parent be allowed to inherit if (years later) the child died without a will? →

Who will be in charge of your estate if you have no estate plan?

Conservatorship, Elder Law, Estate Planning, Probate

California law states who has priority to serve as administrator of your probate estate if you died without a will and with a California estate large enough to require a California probate. Specifically, a person in the following relation to the decedent is entitled to appointment as the California administrator in the following order of priority: … Continue reading Who will be in charge of your estate if you have no estate plan? →