Legal Question in Wills and Trusts in California
Trying to file papers to be named executor by spouse but don't know what papers are necessary.
4 Answers from Attorneys
What papers are you trying to file? Where? Is the spouse alive or dead? It is impossible to answer this question without more information. If you are talking about amending a will, then you need to amend the will to change the paragraph dealing with executors to name you. Two independent witness must witness. No one that is a beneficiary. With more information, you will get a better response. Thank you.
If you mean your spouse has died and you are trying to get appointed Executor, then you can go to: http://www.courtinfo.ca.gov/forms/ for a lot of the Court required Judicial Council forms.
Ms. Mains is correct, though, your question is too vague for us to be more helpful. Keep in mind that a Probate is not needed in every case so it may be a step you do not need to take.
Eliz.
You present too little information for me to be sure what you really want. If your spouse is still alive and wants to name you her executor, All she need do is prepare a Will and in the Will state you are the executor; no additional paperwork is needed.
Hello:
It's a bit difficult to determine exactly what is needed based on your question. If your spouse has died please accept my condolences. In that case it must be determined whether a probate will be necessary. A probate is a court proceeding where the distribution of property is supervised by the Court. There are certain conditions where a probate is required.
If your spouse is alive and they simply want to identify who their executor will be following their death, that can be done in their will.
Please let me know if you would like to discuss this matter.
Sincerely,
J. Caleb Donner
email: [email protected]