Legal Question in Wills and Trusts in California

Re: Petition for Guardianship of the Estate

You probably need a new lawyer. There is no guardianship of the estate for a deceased person. There is either an executor if one was named in the will, or an administrator if there was no will, or none of the nominated executors in the will consents to act. The executor or the administrator are both referred to as the personal representative. It is the personal representative's job to gather up the assets of the estate, pay off creditors and taxes, and then distribute the remaining monies to the beneficiaries. All of this is done under supervision of the court. Both the attorney and the personal representative are paid a percent of the estate according to CA state law. Neither may take a fee without approval of the court.