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If the deceased property owner had a Will stating who the property should be transferred to, the Will should be filed for Probate within 4 years of the date of death. The property may subsequently be transferred or sold by the Executor named in the Will ing to the wishes of the deceased owner.
Yes, it's quite common for the personal representative to also be the beneficiary. Oftentimes, that personal representative/beneficiary is a surviving spouse or immediate family member.
Generally, the person who oversees your estate is known as your ?personal representative.? California law also refers to a personal representative as an ?executor? or ?administrator.? All three terms describe the same function, although there is a legal distinction between their method of appointment.
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
This statute outlines the order of priority for appointment of a personal representative, with the decedent's surviving spouse having first priority unless they waive their right to serve or are found to be unsuitable by the court.