Petition For Letters of Administration - How To Start Probate Without A Will

How To Start Probate Without A Will

We Cover:
00:00 - Intro
0:24 - How do I start?
1:14 - When do I file a petition?

California has lots of unusual terms that get used in probate. When a person dies having created a will, they have a testate estate. When a person dies without a will, they have an intestate estate.

When a person has died intestate, your petition for probate is a petition for letters of administration. When a person dies with a will, the executor (that’s the person in charge of the estate) is issued letters testamentary. I told you California has lots of unusual terms in probate.

In an intestate estate, the administrator is in charge of the estate. It’s the same role as an executor but it has a different name. The administrator is issued letters of administration.

When to File a Petition for Letters of Administration

After your loved one dies, it’s a good idea to ask family and close friends whether there is a will, assuming you don’t know if there is one. If there is a will, then it needs to be located and deposited with the clerk of the court in the county your loved one resided in before their death. The will deposit is supposed to happen within 30 days.

If 30 days go by and no one has located a will, then you can assume there is no will. You are free to file a probate petition. Since there is no will, you know the petition will seek the appointment of an administrator and letters of administration.

I hope this video helped inform you on your situation

Scott Grossman
The Grossman Law Firm, APC
Phone: [phone]

[nidasalvador]

my late husband no will from hawaii watch.good xplain

[marthafitch]

To file for this petition for a letter of a ministration do you go to court House to do this?

[zondreiahutchinson]

I was appointed estate late spouse what next