Tracy, CA asked in Real Estate Law for California

Q: I have been appointed administrator of my late husbands estate and I was wondering is that the only paperwork I need

I have been appointed administrator of my late husbands estate and I was wondering is that the only paperwork I need for the banks and to have to deed put into my name

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: No, that is not all that is needed. Your question indicates that you have filed a probate action (which is the way an administrator of an estate is appointed). Depending on the value of the estate, the potential heirs, and how title to the various forms of property is held, filing a probate action may or may not have been necessary. Assuming it was necessary, you must still administer the estate, and file the necessary paperwork associated with that. That will include notifying creditors, conducting an inventory, filing any necessary tax returns, etc. You may be able to put the bank accounts into an estate account at this point, but you will not be the full owner of them and the real estate until a "Decree of Distribution" is issued by the court at the conclusion of the probate process. You would be well advised to hire a probate attorney to help you through the process.

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