California law states 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. Specifically, a person in the following relation to the decedent is entitled to appointment as the California administrator in the following order of priority:

1. Surviving spouse or registered domestic partner
2. Children
3. Grandchildren
4. Other descendants
5. Parents
6. Brothers and sisters
7. Descendants of brothers and sisters
8. Grandparents
9. Descendants of grandparents
10. Children of a predeceased spouse or domestic partner
11. Other descendants of a predeceased spouse or domestic partner
12. Other next of kin
13. Parents of a predeceased spouse or domestic partner
14. Descendants of parents of a predeceased spouse or domestic partner
15. Conservator or guardian of the decedent
16. Public administrator
17. Creditors
18. Any other person (i.e. friends)

See California Probate Code Section 8461 and the exceptions at Probate Code Sections 8462-8469.

Of course, these statutory rules do not apply if the decedent had a will that nominated an executor who was 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.

Copyright January 2017 James J. Phillips