Legal Question in Wills and Trusts in California
My father died last week in California without a will. He had very little in assets but did leave credit card debt. I don't believe we have to go thru probate since the estate is so small. At what point does the court appoint an executor?
3 Answers from Attorneys
I am sorry for your loss. There is no real starting point for appointing an executor as every case is different. However, with that said, a probate estate is required to be opened if the gross value of the estate is more than $150,000.
The court will no appoint an executor unless you or someone else files a petition (etc) asking it to do so.
If the estate is worth under $150,000, your father's heirs (the children, and living descendents of death children, assuming there's no spouse) can collect his accounts using small estate affidavits under Probate Code section 13101. However, please note that you collect his accounts in this manner, you are personally responsible for your father's debts but only to the extent of the value of the assets you collect with the affidavits. There's also DMV Form RED-5 that you would use to transfer his vehicles, if he has any.