How to find out if you're an executor

[Rica]

My boyfriend's mother recently and unexpectedly passed away. They were estranged and had not spoken for over a year, but prior to that she had asked him to be the executor of her will. We don't know if she ever actually created a will, or if he was indeed named as executor. How can we go about finding out? She did not have a regular attorney that we know of, and was also estranged from the other relatives we know so they are in the dark as much as we are. She lived and died in California in case that matters, and just to add another potential complication, was a registered member of an Indian tribe and lived on a reservation (meaning, in that case are wills a tribal matter, or still a state or county thing). Thanks to anyone who can offer some advice!

 

[Just Blue]

My boyfriend's mother recently and unexpectedly passed away. They were estranged and had not spoken for over a year, but prior to that she had asked him to be the executor of her will. We don't know if she ever actually created a will, or if he was indeed named as executor. How can we go about finding out? She did not have a regular attorney that we know of, and was also estranged from the other relatives we know so they are in the dark as much as we are. She lived and died in California in case that matters, and just to add another potential complication, was a registered member of an Indian tribe and lived on a reservation (meaning, in that case are wills a tribal matter, or still a state or county thing). Thanks to anyone who can offer some advice!

Your boyfriend should join to ask his own legal question(s). We prefer to deal with the actual legal party...Thank you for your anticipated understanding.

 

[Rica]

Your boyfriend should join to ask his own legal question(s). We prefer to deal with the actual legal party...Thank you for your anticipated understanding.

Well I can see that point, I'm just trying to help since he is A) emotionally upset, B) a horrible typist, and C) not computer savvy. But it could be taken as a very general question... How would anybody find out if they are an executor of anybody's will? Is there action that could/should be taken, or just sit around and wait and assume if anybody was an executor of anybody's will, they would eventually be informed of the fact? Anyways, when he gets home from work I will attempt to convince him to create an account, verify it, log in, and type a whole paragraph! Which would be the same paragraph as above, but with I instead of he...

 

[LdiJ]

Well I can see that point, I'm just trying to help since he is A) emotionally upset, B) a horrible typist, and C) not computer savvy. But it could be taken as a very general question... How would anybody find out if they are an executor of anybody's will? Is there action that could/should be taken, or just sit around and wait and assume if anybody was an executor of anybody's will, they would eventually be informed of the fact? Anyways, when he gets home from work I will attempt to convince him to create an account, verify it, log in, and type a whole paragraph! Which would be the same paragraph as above, but with I instead of he...

The only real way that someone can find out if they are the executor of someone's will is to find a copy of the will and submit it to court for probate. If that is not possible, then someone could apply to the court to be the executor of someone's will.

 

[Rica]

The only real way that someone can find out if they are the executor of someone's will is to find a copy of the will and submit it to court for probate. If that is not possible, then someone could apply to the court to be the executor of someone's will.

Thank you!

 

[HRZ]

In the absence of finding a valid will, in many states ones children are in a preferred status to step up and one seeks to administer Moms estate under the intestacy rules

 

[Rica]

In the absence of finding a valid will, in many states ones children are in a preferred status to step up and one seeks to administer Moms estate under the intestacy rules

Thank you!

 

[HRZ]

There might be tribal rules as to how property subject to tribal administration is distributed ...sort of like keep it in the tribe...but that's not the question you pose ...just in case , see 25 U.S. Code § 2206 - Descent and distribution

 

[Dandy Don]

Contact the office of the tribe she belongs to, so you can ask whether this estate can be handled by tribal procedures or whether you will have to use a county courthouse probate court. If it is a tribal matter, supposedly they have their own procedures. If it is not a tribal matter, then your boyfriend or a probate attorney he hires can file at the probate court to open up a probate proceeding, and having the will is not necessary.

 

[Rica]

There might be tribal rules as to how property subject to tribal administration is distributed ...sort of like keep it in the tribe...but that's not the question you pose ...just in case , see 25 U.S. Code § 2206 - Descent and distribution

Thank you! Yes, we are aware that her property on the reservation can't be sold to just anybody, not a problem as likely his brother will live there now...

 

[Rica]

Contact the office of the tribe she belongs to, so you can ask whether this estate can be handled by tribal procedures or whether you will have to use a county courthouse probate court. If it is a tribal matter, supposedly they have their own procedures. If it is not a tribal matter, then your boyfriend or a probate attorney he hires can file at the probate court to open up a probate proceeding, and having the will is not necessary.

Thank you!