My mother-in-law did not have a will. She lived in CA, as does my sister-in-law; we (my husband and I) live on the east coast. My husband needs to send a written statement saying he gives his sister permission to handle all decisions regarding their mother's estate so she can begin probate. It is easier for my sister-in-law to handle everything because she is in CA. Through the little research I have done, I believe this is to "nominate" her as "personal representative." I would like to know what needs to be included in the nomination letter.
Your question needs to be posed in California. Your mother-in-law died as a resident of that state. California probate law will control what needs to appear in a consent to the appointment of an executor.
Since she passed intestate and wants to be the personal representative, your husband will be sent a form from the court asking for his approval. As a matter of fact he will be notified on all matters since he is an heir.
I have attachéd a link that explains the intestacy process in CA.
Please accept my condolences.
There is no special or printed form to nominate a personal representative. It appears that your husband and your sister-in-law both have the same priority in terms of being appointed (children of the decedent), but your husband will not be eligible to be appointed because he is not a CA resident. All your husband needs to do is to make a statement identify his relationship to the decedent, his relationship to the sister, and that he supports his sister's petition to be appointed by the court to handle the administration of the estate.
For California residents nominated
under paragraph (2) of subdivision (a), the court shall consider
whether the nominee is capable of faithfully executing the duties of
the office. The court may in its discretion deny the appointment and
appoint another person. In determining whether to appoint the
nominee, the factors the court may consider include, but are not
limited to, the following:
(1) Whether the nominee has a conflict of interest with the heirs
or any other interested party.
(2) Whether the nominee had a business or personal relationship
with the decedent or decedent's family before the decedent's death.
(3) Whether the nominee is engaged in or acting on behalf of an
individual, a business, or other entity that solicits heirs to obtain
the person's nomination for appointment as administrator.
(4) Whether the nominee has been appointed as a personal
representative in any other estate.
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