Canyon Country, CA asked in Probate for California

Q: Who exactly can be named executor of an elderly man who has deceased with no will?

I have a relative in the Los Angeles county that recently died without a will. If he doesn't have any spouse, children, or siblings, who can be named Administrator of Estate?

The court supposedly appointed someone who claims to be his half brother, but my deceased relative was never claimed by his own father. The body of the deceased relative was taken to Mexico per his last wish. Is it possible to go to court to change who the administrator is?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: Yes it is possible to go to court to remove the administrator and appoint someone else. Usually you have to provide evidence that the appointed administrator is not handling things properly in order to be successful.

Genene N. Dunn
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Genene N. Dunn
Answered
  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: There is a priority of who can serve as administrator. With no children, spouse, or siblings (and I am assuming no parents), it is next of kin. You can petition to remove an administrator as well. Especially if there was fraud involved for relationship.

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