California law dictates who has priority to serve as administrator of your probate estate if you died without a will and with a California estate large enough to require a California probate. And what appears also applies if you had a will but failed to name an executor who was able to serve as executor.
In such cases, a person in the following relation to the decedent is entitled to appointment as the California administrator in the following order of priority:
- Surviving spouse or registered domestic partner
- Children
- Grandchildren
- Other descendants
- Parents
- Brothers and sisters
- Descendants of brothers and sisters
- Grandparents
- Descendants of grandparents
- Children of a predeceased spouse or domestic partner
- Other descendants of a predeceased spouse or domestic partner
- Other next of kin
- Parents of a predeceased spouse or domestic partner
- Descendants of parents of a predeceased spouse or domestic partner
- Conservator or guardian of the decedent
- Public administrator
- Creditors
- Any other person (i.e. friends)
(See Probate Code Section 8461 and the exceptions at 8462-8469.)
Of course, these statutory rules do not apply if the decedent had a will that nominated an executor who would be willing and able to act. Nor should these rules apply if the decedent’s assets were titled properly in a living trust and with proper beneficiary designation (to avoid probate).
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