Legal Question in Wills and Trusts in California
Obtaining executorship
My mother died and we can not find
her will, I am the only child. I am the
only heir to her estate, do I need an
attorney to settle my mom's affair?
She has no real estate, $8,000 in a
bank account and $15,000 in a
pension investment account.
Do you know what taxes I will be
required to pay on $23,000 if not
could you tell me where can I find
that information.
Being the only heir how much time
does it take to get the neccessary
authorization from the courts
providing no unexpected problems,
to obtain access to my mothers
assets (to help pay for her funeral
cost)
Thank You
2 Answers from Attorneys
Re: Obtaining executorship
You can probably settle the estate outside of court using what is called a small estate administration affidavit procedure.
My office assists clients with this process and I would be happy to speak further with you about this matter.
Re: Obtaining executorship
You may have to open a summary probate to gain access to the assets. You might want to check with the bank to determine if you were named the beneficiary on any of those accounts.