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
Ernest Charles Payne Jr
Ernest Charles Payne Jr
Answered
  • Probate Lawyer
  • San Clemente, CA
  • Licensed in California

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.

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

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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