There are many factors to consider before deciding to petition to become administrator of an estate. One of the first decisions is determining whether you are bondable and if so, what the amount of the bond you are able to get is. If your family member has been appointed but has not yet posted a bond, they will not be able to obtain Letters from the Court. Letters are evidence of a person's authority to act on behalf of the estate and essential for estate administration. This is a common place for a probate to get bogged down if you are inexperienced with the probate process. I encourage you to speak to an experienced California probate attorney to discuss the various pros and cons of petitioning to become the administrator if you are seriously considering doing so.
It is not too late to petition the court to change the appointed administrator. If you intend to do that the first thing you need to do is determine whether or not you can qualify for a bond. If not, then you'll have the same issues as the current administrator. There are other methods of getting around the bonding requirement, if that is all that stands in his way of effectively administering the estate. He should contact his attorney to determine his options. You can contact the bonding company to see if you are bondable before you start.
As Mr. Platon indicates, you can file a petition to be named as administrator. If you aren't bondable, there are ways around that issue.
If you would like assistance, my office is in Palo Alto. But if you'd prefer to have your family member continue as administrator, tell him that he should talk to his attorney about the alternatives.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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