Tracy, CA asked in Probate for California

Q: Can a son of a deceased person appoint himself as an executor of a pour over will in state of ca?

We dont know who the executor was since the will and all legal doc were stolen by his son

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2 Lawyer Answers

A: The pour over will should designate an executor. Moreover, the fact that it is a “pour over” will means there is a trust, so probate, and hence the executor duties, may not be necessary. Who is the executor of the will and trustee of the trust? They are frequently the same person.

A: The son can accept his nomination as executor under a Will or petition to become the administrator of a decedent’s estate without a Will, but in both cases, a probate court will need to formally bless the appointment after a formal hearing on the matter.

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