Quote:
Originally Posted by john70t
My understanding is that:
1). There was no will.
(but even then, Probate is always default to clear up any potential outstanding contingencies on estate)
2). OP is acting as Trustee for that estate, and with acting powers thereof.
(but I could have read this thread completely wrong...)
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We agree on #1
#2, my understanding is he only just petitioned the court and therefore has no legal authority to do anything yet. I’m in NY so not sure about Cali but here without a will that appoints an executor, you have to petition the surrogates court to be appointed as an executor/administrator of the estate. I’m pretty sure that in Cali and probably anywhere, you have no power to act on behalf of the deceased without the courts granting such powers and evidencing same with a document usually called letters testamentary which you would use to show the bank in order to close bank accounts, transfer funds etc.....I’m certain that even with a will that could have appointed him as executor, OP would still need the surrogate to issue letters testamentary or whatever they are called in Cali. I could be wrong about how Cali does it. In any case, OP likely could handle the probable/surrogate court stuff pro se....probate/surrogate courts around the country are typically very familiar with unrepresented people who appear and are not sure what to do...and are tolerant and helpful in this regard