Fontana, CA asked in Probate for California

Q: Does the only blood daughter have more rights than 4 step children when house go's in probate.

Two deceased parents & there is no will or trust. Does one of the step children have a right to object the petition of executor

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1 Lawyer Answer
David L. Crockett
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David L. Crockett
Answered
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Any interested person can file a petition for probate with the superior court and ask to be appointed the estate administrator. (Administrator is the term used when like here there is no will. When there is a will the term used is executor.). An interested person also has a right to file objections of a person who petitions to become an estate admininstrator.

The term "interested person" is defined by CA probate code §48 as "heirs, devisees, children, a spouse, creditors or beneficiaries any other person having a property right in or claim against the estate of the decedent".

You are asking if a stepchild has a right to object. There is not enough information here to say one way or the other. If the stepchild was adopted, the answer is yes. If the stepchild was not adopted, he/she may still have a right, depending upon if they have any claim against the estate.

The way this typically proceeds in court is that the petition to appoint the administrator is first filed then if anybody claiming to be an interested person files papers objecting, the probate court ultimately decides on the objections and decided who will be the executor/administrator. Both sides typically obtain their own lawyers to present there case.

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