Alhambra, CA asked in Estate Planning for California

Q: In California, can an executor petition for Independent Administration if its an old will and did not directly state it.

In California, can an executor petition for Independent Administration when opening probate if its an old will and did not directly state "independent administration" was allowed.. The will states "I authorize my Executor to sell, with or without notice. at either public or private sale, and to lease any property belonging to my estate, subject only to such confirmation of the Court as may be required by law." However, it does state anywhere that it restricts independent administration.

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1 Lawyer Answer
Barry L. Adams
Barry L. Adams
  • Estate Planning Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: Yes. As long as the will does not preclude Independent Administration, then the Court can grant Independent Administration powers.

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