Can I be appointed executor of my ex-spouse's estate in California?

Question

I'm wondering if my sons can appoint me as the executor of their father's estate, my ex-spouse, who died intestate. I was his Power of Attorney and Health Representative and handled all his affairs as best as I could while he was alive. Unfortunately, he died from complications before we could help him with his will. There was no will, and we are unaware of any beneficiaries listed. I have a community property division for his pension and annuity. He has siblings, and we believe he had no debts or credit cards. One of our sons is handling Social Security matters now, as the POA ended at his death, which we were unaware of. How can I be appointed as executor in this situation?

Gerald Barry Dorfman · Answer

Yes, you can be nominated as Administrator of the estate. Either of your sons or you can file a Petition, and your son's just have to indicate in writing that they wish you to be appointed. Depending on the value of the estate, probate may not really be necessary. Talk with a probate attorney about your options.

Howard E. Kane · Answer

Your sons have priority to act as administrator per the priority schedule listed in the probate code.  
 However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the Petition for Probate along with a waiver of bond (judicial council form).  Best of luck with this.

James L. Arrasmith · Answer

In California, when someone dies without a will (intestate), the court prioritizes immediate family members for estate administration. Since you're an ex-spouse, you're not automatically in the priority list established by California probate code. However, you can still be appointed if those with priority (your sons as the decedent's children) nominate you through a formal waiver process. 
 
Your existing role as his Power of Attorney and Health Representative ended at his death, as you've discovered. To be appointed administrator (the term used when there's no will), you'll need to file a petition for letters of administration with the probate court in the county where your ex-spouse resided. Your sons can file waivers of their priority rights and nominate you instead, which courts typically honor if there are no objections from other interested parties like his siblings. 
 
The process involves filing the petition, publishing a notice in a local newspaper, attending a hearing, and potentially posting a bond. Given your history of handling his affairs and your sons' support, you have a good case for appointment. I would recommend consulting with a probate attorney who can guide you through the specific requirements of your county's probate court and help prepare the necessary documentation.

Q: Can I be appointed executor of my ex-spouse's estate in California?