Legal Question in Wills and Trusts in California

If your mom was unmarried at the time her death the 5 children share equally and assuming that none of the children have been convicted of a felony and assuming that all 5 reside in California, any of the children can be the sole administrator, or two or more can join together as co-administrators. Whether you need an attorney depends on the size of the "probate estate." The probate estate consists at least of property that has a title and needs a court order to transfer title. If money or stocks are in joint accounts or there is real estate in joint tenancy, then those assets are not part of the estate.

I strongly advise you to speak with an attorney. Depending on what property she had, and how title was held, you may not need to open probate. Don't strain on a gnat and swallow a camel.

Assuming that everyone is cooperative, you should probably select one sibling to act as executor. That being said, it would be best to get an attorney to assist you.

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