Skip to main content

Is there a document that your given from the court stating the judges ruling to appoint you administrator of a california estate

Corcoran, CA |

I was granted administrator of an estate in california should I have been giving a document of facts? Or of the judges ruling? I don't return to court for a year from the day the judge appointed me administrator of the estate and wasn't told I needed to do anything else. Is that normal in Probate Cases? Don't I need a final judgement in order to get any kind of state help such as repairs, etc?

+ Read More

Attorney answers 3

Posted

Probate is a process. If you were appointed administrator you needed to submit an order to the court and have Letters issued. Until Letters are issued, the 4 month creditors claim period doesn't begin to run. Until then, the estate must stay open. If it has been a year and Letters have not been issued, I strongly suggest you hire an attorney, otherwise another year might go by without the estate being closed because the proper procedures are not being followed.

Posted

You should receive an order for probate, and Letters of Special Administration. In most jurisdictions, you have to submit these to the court, prior to the hearing, and have the probate examiner review it, before they are issued by the court.

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice

Posted

Your question is not clear because in Probate, a "temporary" position is really a special administrator. When some dies you can file for formal probate or if something needs to be dealt with immediately, you can apply for letters of special administration at the time of filing for probate. If the court approved you as a Special Administrator, your powers will be specified in the order. You need to complete the judicial council form and submit it to the court. In addition, you will need to submit Letter of Special Administration, also a judicial council form for issuance by the court.

Use this link to get the judicial council forms. http://www.courts.ca.gov/forms.htm

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer