Escondido, CA asked in Estate Planning and Probate for California

Q: How do I get a court order in CA to give me acting rights on behalf of my deceased daughter?

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2 Lawyer Answers
T. Augustus Claus
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A: In California, to obtain acting rights on behalf of your deceased daughter, you would typically need to go through the probate court process to be appointed as the administrator or executor of her estate. This involves filing a petition for probate in the county where your daughter lived at the time of her death. The court will then determine your eligibility to serve in this capacity, considering any will she may have left, the statutory rules of succession, and any objections from other interested parties. Once appointed by the court, you will receive letters of administration or letters testamentary, which grant you the authority to act on behalf of the estate, including managing and distributing the deceased's assets according to the will or state law if there's no will.

James L. Arrasmith
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A: To obtain a court order in California that grants you the rights to act on behalf of your deceased daughter, you would typically start by initiating a probate case if her estate requires it, or by applying for a specific order related to her assets or affairs. This process is often necessary to manage, distribute, or access the deceased's assets, handle their debts, or make legal decisions on their behalf.

If your daughter had assets that need to be managed or distributed, you might need to petition the court to be appointed as the administrator of her estate. This involves filing the appropriate documents with the probate court in the county where your daughter lived at the time of her death. The court will then review your petition and, if appropriate, issue an order granting you the authority to act on behalf of your daughter's estate.

For matters that may not require a full probate process, such as claiming certain types of property with small value or dealing with specific issues, California law provides simplified procedures that you might be able to use. It's important to consult with a legal professional to understand which process applies to your situation and to ensure that you follow the correct steps in accordance with state laws and regulations. This will help ensure that you are granted the rights needed to act on behalf of your daughter in a legal and effective manner.

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