Legal Question in Wills and Trusts in California
If an adult dies without a will, is there a hierarchy of who would be the legal executor of the estate? He was widowed and had step children, but none of his own. Mother and Father are still alive.
2 Answers from Attorneys
Yes and it is similar to who will inherit his estate. If he was unmarried, with no children, then his parents have priority to act before his siblings and his parents will inherit.
Ms. Rouse is correct, but it is not applied as rigidly as the inheritance itself. All things being equal, the first in line of inheritance is the first choice for administrator of the estate, but anyone can apply to administer the estate and if there are competing applications the probate court must decide who is best qualified, with line of inheritance being a factor.
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