Legal Question in Wills and Trusts in California

Re: Non-probated executor's fees

Why was the estate not probated? Did it fall under the $100,000 minimum so it did not have to go through the formal probate process? If you did everything that you were legally required to do, then you should, if I recall the sections correctly, be entitled to the fee. Since you are in charge of the assets, you would have to pay yourself. If you have already disbursed all of the assets and the heirs refuse to pay you, then you might need to go to Small Claims Court with its maximum of $7,500 [you would want to sue each one as it is $7,500 per party defendant]. You would get an immediate, or within a week, decision as to money damages.

Good luck.

George Shers

Re: Non-probated executor's fees

You are not executor unless there is a will that is probated. You are confused. If assets were in a living trust, the successor trustee has control over the trust estate and must follow the instructions in the trust document. If there are assets not in trust, the assets can only be distributed through a probate proceeding. If there is no will, there is no executor. The appointed personal representative of the estate in an intestacy proceeding (probate without a will) is called and administrator. In any case, you are entitled to hire legal counsel and have the cost paid by the estate. In probate, fees are subject to judicial review.