Legal Question in Administrative Law in California

Re: Executor with right of survivorship

If you were on title as a joint tenant with right of survivorship, and the only other joint tenant has passed away, you are now the sole owner, and neither being the executor nor the court has anything to do with it. Get a certified copy of the death certificate and file an affidavit of death with the death certificate attached with the county recorder. A local attorney can assist you with this simple procedure at low cost. If you insist upon not using an attorney, you might be able to find a form affidavit that could be filled out and recorded; I don't know.

If you are an executor, however, your duties probably go beyond just making yourself record owner of the joint-tenancy property. If the deceased had other assets, you will need to handle their disposition according to the provisions of the Probate Code. The starting point is to determine whether the deceased had a trust and/or a will. You may be able to carry out the duties of an executor without a lawyer, but at least buy a self-help law book on the subject. The office of executor of an estate is a formal and legally regulated post that imposes serious responsibilities upon the office holder, and you can be in serious legal hot water if you fail to carry out your duties as executor faithfully and competently. You may need to obtain an executor's bond.

Finally, as the the loan that was in the deceased joint tenant's name only. There is some possibility that you are not responsible for paying off this loan and that the lien cannot be enforced against the property. No promises here, but if the loan was taken out after the joint tenancy was created, it may not affect you. This would require research by a real estate attorney.

Sorry, but it may be that you're stuck with paying one of us! You may be far better off in the long run if you do.

Re: Executor with right of survivorship

"Paper"? There a whole series of pleadings, notices, schedules, etc., that have to be done properly to obtain court approval for disposition of property and appointment as executor. You need to consult with probate counsel to discuss all the facts and what can be done.