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Probate administration for a testamentary will

While probates administrations are less common today, with trusts being more widely used in modern estates, from time to time cases arise where a will has been left with no other estate planning.

Premiere Fiduciaries had a recent client where a public probate administrator was appointed by the individual to serve as the executor of his will. The estate was so small that it was not accepted by the public administrator’s office because it was cost prohibitive. However, the family felt strongly for their loved one’s last wishes for his assets to be administrated and distributed to the charities in his name. We took on the case to administer the will accordingly to ensure that the individual’s wishes were carried out.

The probate administrator’s role in the process refers to the filing a will in court and administering the estate.

There is an appointment of an administrator of the will or personal representative if there is not one already named in the will. If an individual does not specify an executor or that person chooses not do the job, the court will determine who will represent the estate.

The Court will issue "Letters Testamentary" or Letters of Administration to the executor or personal representative to give the executor legal authority to act on behalf of the estate.

The probate administrator will identify and notify heirs, beneficiaries, creditors and the public about the deceased individual and the creation of the probate estate.

The executor or personal representative must inventory all property to determine the value of the estate which is filed with the court.

Payments for taxes, creditors and distribution of assets to beneficiaries are managed by the probate administrator.

And finally, the probate administrator prepares to finalize the estate with a an accounting and a petition to close the probate which must be filed with the court.

A probate administrator through Premiere Fiduciaries can assist you and your family in the fulfillment of a testamentary document (Will) with the professionalism and trust of a fiduciary who is licensed by the State of California.


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