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I live in Colorado and my oldest brother passed away in California his estate I am wondering about probate: there is no will that I have found yet, and he has a room mate that is not on the lease. He is thinking that he is the executor of the estate I am wondering what my recourse is?

Asked over 3 years ago in Probate

Theodore’s answer: First, my condolences on the passing of your brother.
Second, it is not a simple question. If, in fact, there is no will, and if you are the closest living relative, you would have priority for appointment as administrator of the estate. If there is a will found (perhaps in a safe deposit box or with an attorney that your brother utilized), then it will name the executor.
Questions arise as to whether probate is required, and that revolves around what assets your brother owned (e.g. did he own real estate?) and their value.
There is a short cut procedure in California if the total assets are $150,000 or less (then doesn't work for real estate).
Then the question goes to who are the heirs (did he have children?), who is he survived by, etc.
You can initiate probate proceedings from Colorado; it is best done by hiring an experienced attorney to initiate the probate proceedings in your brother's county of residence on your behalf, if you are the closest living relative.
Good luck.

Answered over 3 years ago.

Calif Probate Question-- Who values property @ end of the "Accounting period" It's been appraised by "probate referee" already: What do the probate courts in California mean when they say the following--- REQUIRES VERIFIED SUPPLEMENT SETTING FORTH A DETAILED SCHEDULE OF ASSETS ON HAND. CRC 7.550 B (4) SUPPLEMENT TO INCLUDE THE VALUE OF THE REAL PROPERTY AT THE END OF THE ACCOUNTING PERIOD.

We have had the property valued by the :"Probate" Referee" during which the Inventory and Appraisal forms were filed AND we have a verified supplement filed that includes that outside this real property, there are no assets on hand. THEY are asking now for a "supplement that includes the value of the real property AT the END of the Accounting Period. When is the end of the accounting period and do we have to have the house appraisal done and paid for a second time. What does the court require in terms of who does the valuing.

Asked over 3 years ago in Probate

Theodore’s answer: How long has it been since you have filed an accounting? Usually reappraisal is required if it has been more than a year.

The end of the accounting period is the cut-off that you have utilized for your account that has been filed with the court.

I suggest you contact the probate referee who did the first appraisal as that person will already be familiar with the property and it should be easy to revalue.

Answered over 3 years ago.

The grantor has passed away. The successor trustee is in ailing health. How is a new successor trustee named/appointed?: What documents are needed to accomplish this?

Asked almost 4 years ago in Trusts

Theodore’s answer: Is the successor trustee willing to resign in favor of a successor? You need to review the trust documents to determine what the instructions of the grantor are with respect to naming a successor trustee. If an alternate successor trustee is not named, and the power to name a successor trustee is not granted to the adult beneficiaries (again, read the trust), a court proceeding will be required to have a successor trustee appointed by the court.

If the successor trustee refuses to resign, consult the trust document for the procedure for removal; if none, going to court is how the trustee is removed and replaced .....

Answered almost 4 years ago.