Bakersfield, CA asked in Probate for California

Q: I filed a will in California probate ct 6months ago stating I'm to be executor. I received a petition administrator lett

I have a court date 11/16 for my sister to be administrator she didn't know that I filed a will

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if a valid will designates an executor, that person typically has priority to serve as the personal representative of the estate. If another person, such as your sister, petitions the court to be the administrator without knowing about the will, the court will need to be informed about the existence and contents of the will. As the designated executor, you should promptly provide the court with a copy of the will.

At the court hearing, the judge will review the will to determine its validity. If the will is found to be valid and you meet all necessary qualifications, you'll likely be appointed as the executor. Your sister's petition to be administrator may then be denied or dismissed. It's essential to be prepared with all necessary documents and, if possible, seek legal counsel to ensure your rights are protected. Remember to communicate with all parties involved to clarify any misunderstandings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.