Legal Question in Wills and Trusts in California

executor of an estate
My friend's father past away without leaving a will. He did request before he died that his house be sold and the proceeds be divided between the two siblings. He also had a small insurance policy worth only$2000. His late wife was the beneficiary. Anyway, the insurance company issued a check in the said amount payable to the deceased father's estate. Well, there was no estate account set up or an executor. The insurance company will not reissue a check payable to the children. The bank advised that my friend set up an estate for his late father, which he has no clue how to go about doing. He need this money to help make repairs on the house that his father left so that it can be sold. How can he get the insurance company to reissue another check payable to him, or how does he go about appointing himself as executor of his dad's estate even though his father has passed on? Thanks

Asked on 2/01/07, 8:31 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

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Re: executor of an estate

If the house is in his father's name alone, he'll need to open a probate (which will also work to cash the check as well). It requires filing a petition with the court, and following the (roughly six to nine month) process/procedures, during which the house can be sold. He can do it without a lawyer, but it can be complicated and confusing (even to non-probate lawyers), so I'd recommend using a lawyer for it. Without a will, and no surviving spouse, the estate should (according to California law) be split evenly among his children, after all valid debts and administration expenses are paid.

Answered on 2/02/07, 7:50 pm

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