Legal Question in Wills and Trusts in California

Does an Executor have to probate an estate if given authority under the probate code 10400-10406? Or can he/she simply sit on the property and use it for their own purposes?


Asked on 1/12/13, 12:58 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The executor must probate the estate and distribute the assets according to the terms of the will. If there is no will, then the distribution should comply with the laws of intestacy. The executor should not be using the property for his or her own purposes.

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Answered on 1/12/13, 1:27 pm


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