How do we set up a joint executorship for our dead mom’s estate?

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How do we set up a joint executorship for our dead mom’s estate?

We 2 sisters are the only children of decedent. We were told that we had to have a power of attorney to access her apartment. Her assets are under $50,000. Is there a form that we need?

Asked on December 31, 2010 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  I am assuming that your parent did not have a Last Will and Testament, correct?  Then the both of you want to apply to the Probate Court to become the Personal Representative of your parent's estate by filing a Petition.  Once appointed then Letters of Administration are issued and you have the ability to act within the scope of the fiduciary powers permitted by the statutes in your state.  Now, you can request temporary letters of appointment to allow you to act quickly on certain matters if need be.  It is my understanding that in California if the assets are under $50,000 they qualify as a small estate so that is another option - and easier option - for you as well.  Good luck. 


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