Legal Question in Wills and Trusts in California

If there is no alternative executor named, you (or one of your siblings, if any) can file a Petition for Probate and ask to be appointed Administrator (same as an Executor, except when not named in the Will). But first figure out approx. what the estate is worth. If there is no real property (real estate) and the assets are not worth more than $150,000, you can avoid going to court altogether and use small estate affidavits to claim your dad's accounts (Probate Code Section 13100.) Either way, you would benefit from having an attorney help you. If current cash flow is an issue, keep in mind that probate lawyers don't get paid until the estate is distributed, but you might have to come up with the filing fee. Also, if you are in possession of the original Will, you are required to file it with the clerk of the Superior Court of the county where your father lived, whether or not formal administration (probate) is needed. The fee for that is $50, and some counties waive it if you file a Petition at the same time.