Legal Question in Wills and Trusts in California

Executor of estate

My nephew was recently killed in an accident.He had no executor of his estate.My brother wants legal power to settle his affairs,but no one will deal with him.There is a very small amount of money involved and the deceased had no other claimants beyond his creditors.Can a person be named executor after anothers death?What is involved?All the legwork has been done to settle his bills,insurances and other obligations.Can this be done legally by laymen?Can a father bury his son and then act in his behalf?By the way,the deceased was 27 years old.Thank you.


Asked on 5/19/01, 12:50 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Executor of estate

If the estate is small, the heirs can claim his property by the affidavit procedure in Probate Code Section 13100. However, you still may want to check with an attorney about in case your nephew may have larger assets, such as a wrongful death claim.

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Answered on 6/23/01, 1:09 pm


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