Legal Question in Wills and Trusts in California
Can the legal surviving spouse file a form to become executor of her deceased husbands estate?
Asked on 3/26/21, 11:30 am
2 Answers from Attorneys
Anyone can petition to be the administrator of an estate. If there are competing petitions, the probate court chooses based on a variety of criteria.
Answered on 3/26/21, 1:30 pm
Delilah Knox Rios
Delilah Knox Rios, Attorney At Law, APLC
If you have been named as Executor/Executrix under the will you can immediately commence the probate. If there was no will, anyone can petition to be the administrator.
Answered on 3/26/21, 2:09 pm