Legal Question in Wills and Trusts in California
Wills
What is the difference between the Executor of a Will and the Executor of an Estate? My mothers Will has an assigned Executor of the Will and is not going to go thru probate. We are trying to get her life insurance and they said we can't unless there is an Executor of the Estate. My mother never assigned an Executor of an Estate. If the Executor of the Estate is requirred, does the Executor of the Will have to assign the Executor of the Estate?
2 Answers from Attorneys
Re: Wills
If the estate is too small to require probate (under $100,000), but the life insurance has been left to the estate, you should be able to have the will beneficiaries complete a Probate Code 13100 affidavit to have the proceeds transferred directly to the will beneficiaries. This affidavit form is contained in that area of the probate code.
Re: Wills
An executor of the estate is one who is appointed by the probate court. If no executoris named in her will, any of her children can petition the court to be appointed as an administrator. If the value of the life insurance is less than 100k, a special admininstrator is enoough to collect the insurance, if the life ins. co. does not accept a small estate affidavit. Feel free to call me at 818-340-4479, if you need help.
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