If you would like to become the executor of an estate without a will, here are some basic steps to follow. Determine Priority for Appointment. Usually, the first in line to serve as executor is the surviving spouse or children. Complete a Petition for Administration. Receive Court Appointment and Administer Estate.
Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
The Executor is normally nominated in the Will but it is the court who formally appoints the Executor after a noticed hearing. See our article on Probate. 2. If no Executor is nominated in the Will, the court appoints an “Administrator” who performs the same function, usually a relative.
Probate in California Without a Will — How It Works If they hadn't, it's likely a formal probate will be required. If a formal probate is required, the court will proceed to appoint an administrator to oversee the decedent's intestate estate.
File the case in the county where the person who died (the decedent) lived. If the decedent lived outside of California but died owning property in California, file the case in the California county where the decedent owned property.
Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
Time Limits for Filing 120-day deadline: A petition for probate must typically be filed within 120 days of the decedent's passing. This step formally begins the probate process, allowing the court to appoint an executor or administrator to handle the estate.
In California, there's no strict deadline for filing probate after death, but it's advisable to begin the process as soon as possible. Delays in filing can lead to complications, such as the estate's assets becoming unmanageable or creditors taking legal action to collect debts.
Because of time delays between the time of filing documents with the court and the hearing related to the subject matter of those documents (usually 60 to 90 days in the Riverside and San Bernardino County Probate Courts – much longer in the Probate Courts of Orange and Los Angeles Counties), as well as the mandatory ...
Time Limits for Filing 30-day deadline: The personal representative (responsible for managing the estate) must notify all beneficiaries and heirs within 30 days of the decedent's death, so everyone understands the probate process and their involvement.