Executor Of Estate Form After Death With No Estate In Riverside
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Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
You can appoint anyone you want as executor. It doesn't even have to be a family member. It can be your best friend, a lawyer,anyone that you trust to do the right thing. Inform them what you have done so they want be blindsided. It's your choice if you want to tell anyone else who your executor will be.
The Executor is normally nominated in the Will but it is the court who formally appoints the Executor after a noticed hearing. See our article on Probate. 2. If no Executor is nominated in the Will, the court appoints an “Administrator” who performs the same function, usually a relative.
You may be named as an Executor under a Will, but you really are just a suggested Executor until the court appoints you as Executor. That means you have to file a Petition for Probate with the court, receive a court order appointing you, and then have Letters Testamentary issued.
Open a case You (the person who starts the case) are called the “petitioner." You must file forms with the court to “open probate.” You file a Petition for Probate (form DE-111) along with other court forms. File the case in the county where the person who died (the decedent) lived.
Without initiating probate, the legal authority to access or transfer the deceased's assets is lacking. This means that bank accounts, real estate, and other valuable assets can't be legally accessed or transferred to beneficiaries.
Once notified that the decedent has died, the executor has 30 days to petition the court for administration of the settlement process. The executor is expected to finish the probate process within 12 months unless certain exceptions apply.
If the person named in the will cannot act or there is no will, then there's an order of priority for who may be appointed a personal representative. The order of priority is any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.
In California, there's no strict deadline for filing probate after death, but it's advisable to begin the process as soon as possible. Delays in filing can lead to complications, such as the estate's assets becoming unmanageable or creditors taking legal action to collect debts.
