Legal Question in Wills and Trusts in California

What are the exact steps an Executor takes once designated in the will?

Where do I begin as the Executor of my brother's will/estate? How do I change his house to the beneficiaries names? What if 3 out of 4 are minors? How do I know if this HAS to go through Probate? or can it be avoided or done myself without lawyers or a court? What kind of paperwork do I need to file and where?


Asked on 10/25/01, 12:46 am

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: What are the exact steps an Executor takes once designated in the will?

Consult with a probate attorney--this probably won't cost you anything, and then you'll know what items, if any, have to be probated.

Generally, if there's more than $100,000 in total property, a probate is required. If not, or if the assets have beneficiaries named (life insurance, retirement plans, etc.), you may not need probate, although it still may be required because there are minor children involved.

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Answered on 11/25/01, 12:16 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: What are the exact steps an Executor takes once designated in the will?

Thanks for your posting, and apologies for the length of time it took for you to get a response.

This may sound self-serving, but you really should get an attorney, at least to consult with. To transfer title, the property will have to go through probate, and a judge will order the property to be recorded in the names of the heirs.

If there are minors involved, the executor must set up UTMA guardian trusts, or apply to appoint a guardian through a related court proceeding.

The probate court having jurisdiction will have the paperwork if you want to look at it. You will see that some of it is quite cumbersome, which is another reason you should have someone prepare it for you.

I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.

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Answered on 11/23/01, 3:56 pm
Ken Koury Kenneth P. Koury, Esq.

Re: What are the exact steps an Executor takes once designated in the will?

you probably need to file a probate. you need to contact a probate lawyer. the fees are paid by the estate.

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Answered on 11/22/01, 4:36 pm


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