Legal Question in Wills and Trusts in California
Executor
My mother recently passed away and I was named executor in her will. I am frequently out of the country and my sister is taking care of some of the details. She said she had consulted with an attorney and that there was nothing that had to be done in 30 days. Also, she said the attorney told her that the court would have to appoint me as the executor, and that it may take months. Is this correct or should I get back to California now and take care of things.
2 Answers from Attorneys
Re: Executor
The will has to be filed with the county court within 30 days of your mother's death, and the petition for probate should be filed at the same time--it can be filed as soon as you sign it. The next step is the hearing, which will happen about 4-5 weeks after filing the petition, at which you would be appointed executor. The papers can be signed by you anywhere, and you typically do not have to be present at the hearing, so your being away should not cause a delay.
Once you're confirmed as the executor, the estate must stay open at least four months (to allow time for creditor claims and filing an inventory and appraisal of the assets), and you can then petition the court to close it and distribute the property.
If the attorney is telling you or your sister that beginning the probate will take several months, you may want to consult with another attorney.
Re: Executor
A will needs to be probated, unless the estate is minimal (Under $100,000). A "Petition to Administer Estate" must be filed, and the court must then appoint you as executor, which is a fairly routine matter when you are named in a will.
It sounds as if you are not living out of the country, but merely out of the country on business. All of the documents required by the courts can be prepared by an attorney an sent to you for signature, and then returned for filing. An original copy of the will, if available, must also be filed with the court.
Once the Notice of Petition to Administer the Estate is filed, a hearing date is scheduled within 25-40 days, depending on the court's calendar. If there are no objections to the Petition, approving the executor is routine, and wouldn't require your appearance.
Attorney fees are regulated by statute, and therefore, does not vary between attorneys. All attorney fees are paid from the estate at the time of final distribution, so there are no "up front fees".
Let me know if I can help you get the process going.
Ken Koenen
925-924-0100
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