Legal Question in Wills and Trusts in California
Died intestate, deceased wants friend as administrator
Our client is (was) a friend of a person who died intestate. Client claims that deceased requested that she be petitioner, and be appointed as administrator of his one hundred and fifty thousand dollar estate. Deceased does have one next of kin, a first cousin who resides in the state of missouri. Will this scenario be proessed through the california courts without any problems?
3 Answers from Attorneys
Re: Died intestate, deceased wants friend as administrator
Only God knows and she isn't telling. Now how long you been practicing law???
Re: Died intestate, deceased wants friend as administrator
Although the first cousin has priority (see CA Probate Code Section 8461), there should not be a problem as long as the first cousin does not object. The best way to insure that there is no opposition to the probate is to have the cousin "nominate" your client to act as administrator and file the nomination along with the Petition for Probate. Since the cousin is out of state, there are probably other advantages of having a CA resident act as administrator. I am assuming that the first cousin will still be the person to inherit. The only objection I could foresee from the cousin is that he (or she) may not want to pay the statutory fee to your client and thereby reduce the inheritance.
Re: Died intestate, deceased wants friend as administrator
If the next of kin nominates your client, there should not be a problem. Pleas let me know if I can be of assistance.
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