If you weren't named executor in a will, you'd need to file a Letter of Administration with your state's probate court. The court will ask questions about you and your relationship with the deceased. The court will either appoint you as executor or appoint someone else.
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.
You'll have to file a request in the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the legal executor representing the estate. In addition to the petition, you'll need to file a valid will, if one exists, and the death certificate.
How To File for Executor of Estate Without Will? Find out your place in line. Obtain waivers from other family members. Contact the court. File your administration petition. Go to the probate hearing. Get a probate bond.
You'll usually get the grant of probate or letters of administration within 12 weeks of submitting your application. It can take longer if you need to provide additional information. If you ordered copies of your probate document for use outside the UK, these will take longer to arrive than your UK copy.
If there is no will or other legal document naming an executor, you need to fill out and include Form RC552, Register as Representative for a Deceased Person.
What to do if there is no will. If there is no will or an executor has not been named, refer to the estate law of the Provincial or Territorial government where the person died. Identifying a legal representative will ensure that the deceased's affairs are managed quickly.
When a person dies without a will someone, usually a close relative must apply to the court to be appointed as the estate trustee without a will. If there is a dispute as to who should be appointed the matter must be referred to a judge to determine the most appropriate person to act as estate trustee.
If a person dies without a will (intestate), or an executor has not been named in a will, certain individuals can apply through the courts to administer the estate. Check with estate law of the provincial or territorial government of the residence of the person who died for more information.
If there is no will or an executor has not been named, refer to the estate law of the Provincial or Territorial government where the person died. Identifying a legal representative will ensure that the deceased's affairs are managed quickly.