Asked in Estate Planning for California

Q: How do I begin probate if I am not the executor?

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2 Lawyer Answers

Scott Jordan

Answered
  • Estate Planning Lawyer
  • San Ramon, CA
  • Licensed in California

A: You can file a petition for probate with the county court. The filing fee in California is $435. You can either nominate the person named as executor or someone else as the administrator of the estate.

Zaher Fallahi

Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Provided that there is no "trust", the estate will be probated in the county court. If there is not executor (named in the will), the court will appoint one called "administrator" for the probate process. You can file a petition and name yourself, but the court has to approve you. Mr. Jordan has provided a great answer and more information about the fee, as well. Good luck.

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