Does Small Estate (no Will) need an Administrator?

[vandelay]

State of estate: CALIFORNIA

My dad passed away in 2014 without a will. He is survived by his wife (my mom). I've determined that the estate qualifies for the simplified summary probate procedures. No proceeding is now being or has been conducted in California for administration of the estate.

For the first security I wish to transfer (transferring to my mom, per intestate succession), the institution that controls the asset issued their own "Transfer Request" form. On the first page it asks for the signature of the "current holder or legal representative." Does this mean that I (or my mom) have to officially be appointed "administrator" of the estate before we can proceed?

Thanks in advance.

 

[LdiJ]

State of estate: CALIFORNIA

My dad passed away in 2014 without a will. He is survived by his wife (my mom). I've determined that the estate qualifies for the simplified summary probate procedures. No proceeding is now being or has been conducted in California for administration of the estate.

For the first security I wish to transfer (transferring to my mom, per intestate succession), the institution that controls the asset issued their own "Transfer Request" form. On the first page it asks for the signature of the "current holder or legal representative." Does this mean that I (or my mom) have to officially be appointed "administrator" of the estate before we can proceed?

Thanks in advance.

So, there are assets that they did not own jointly? Any assets that they owned jointly will automatically be your mother's property.

 

[vandelay]

So, there are assets that they did not own jointly? Any assets that they owned jointly will automatically be your mother's property.

He had one account with another brokerage that was expressly "Jt Ten" with my mom. I've transferred that one without issue. All other securities are in his name only.

 

[Dandy Don]

Yes it does need that the smaller estate does need to be opened at the courthouse. Soon after filing you will receive a document called "letters testamentary" that gives you the legal authority to manage all assets and you will want to get a certified copy of that document to submit with the transfer request.

 

[vandelay]

Yes it does need that the smaller estate does need to be opened at the courthouse. Soon after filing you will receive a document called "letters testamentary" that gives you the legal authority to manage all assets and you will want to get a certified copy of that document to submit with the transfer request.

Thanks. However, this conflicts with my understanding of the rules for small estates that I've been reading about in the Nolo book How to Probate an Estate in California. I was under the impression that no formal probate is required. In the book it states that "For may Californians of modest means, no formal probate is required. California Probate Code Sections 13000 to 13209 provide a simple way to transfer property in estates that don't exceed a total gross value of $150,000. All of the personal property may be transferred with a one-page affidavit." So I assumed this meant that I don't have to deal with the courts. Can you please explain a little further why I need to conduct a probate court proceeding?

 

[Dandy Don]

My apologies--you are somewhat correct. I am not familiar with California court procedures.

So we can call it an informal probate. There may not necessarily be any courthouse proceedings, but in order to submit the affidavit and any other filing paperwork that is needed, you will need to get those papers from the courthouse.

When you are at the courthouse, you can ask at that time if, in your particular situation, anyone will be appointed to be administrator or not.

 

[vandelay]

My apologies--you are somewhat correct. I am not familiar with California court procedures.

So we can call it an informal probate. There may not necessarily be any courthouse proceedings, but in order to submit the affidavit and any other filing paperwork that is needed, you will need to get those papers from the courthouse.

When you are at the courthouse, you can ask at that time if, in your particular situation, anyone will be appointed to be administrator or not.

Ok, thanks for clearing that up.