Legal Question in Wills and Trusts in California
Need to be appointed executor of estate.
My mother died three years ago, but last year we received a settlement check addressed to the ''Estate of ...'' She left no will and in order for me to deposit the check, I must be appointed executor of the estate. How do I do this? The check is small, $11,000.
Thank you.
2 Answers from Attorneys
Re: Need to be appointed executor of estate.
Was this check in settlement of a debt someone owed your Mother? It sounds like you never opened a probate and I wonder how you managed to get this debt paid off. If you can't get the bank to cash the check based on your Mother's death certificate, you will have to file to be independent administrator of a small estate and then you will get your letters testamentary and you will be able to cash the check. The only hard part of the process is that you have to notify all of your Mother's next of kin to the second degree which means all of her children and grandchildren, etc.
Re: Need to be appointed executor of estate.
I am sorry to hear of your loss. If the total value of your mom's estate is under $ 100K you may avoid probate via declaration. Call me directly at (619) 222-3504.
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