How do I get named as executor for an estate?

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How do I get named as executor for an estate?

My aunts died in Kern county California and left no wills and didn’t name an
executor. How do I go about getting a testamentary letter stating that I am the
executor?

Asked on September 14, 2016 under Estate Planning, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to apply to the surrogates or probate court to named as personal representative or administrator (those are the correct terms, by the way; an "executor"  is someone appointed by a will). Contact the court clerk: they can tell you the procedures, provide any forms, let you know about the documentation (e.g. death certificate) you will need, etc. Generally the court appoints the closes kin, so if she had a spouse or children, they will be be appointed if they can be located and want the appointment (no one can appointed against their will; they can decline if they choose).


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