What Happens To Estate Monies When There are No Heirs?

[Dandy Don]

What is the name of your state? CALIFORNIA

Mr. Miller died in 1980 in California--although he left no assets, he did leave a will that named his friend Jesse as executor and it gives Jesse all of his personal belongings and anything else in the estate.

Jesse did not have the will probated (since there was no need to).

Now, in 2005, Mr. Miller's uncle in Switzerland has left thousands of dollars to Mr. Miller in his will. Due to the passage of so much time, Jesse does not have the will now. On Mr. Miller's death certificate, it does show Jesse as the informant about the death, with the title "EXECUTOR" added to the death certificate.

(1) If this money is released to Jesse as executor, and there are no surviving heirs of Mr. Miller (no wife and children although there may possibly be other siblings and/or nieces/nephews), would it be possible for Jesse to get these funds probated as an intestate probate in California?

(2) If Jesse gave testimony to the probate judge that the will has been lost and that Jesse was the only named beneficiary in it, is it likely that Jesse would win approval from the court to claim this money?

DANDY DON

 

[Some Random Guy]

Your case will also hinge on Switzerland law as to whether Mr. Miller's estate is the proper beneficiary of the uncle's bequest or whether the funds would go to the uncle's other heirs.

the death certificate may not carry much weight unless you can show who added the "executor" title on there and why.

 

[BlondiePB]

(1) If this money is released to Jesse as executor, and there are no surviving heirs of Mr. Miller (no wife and children although there may possibly be other siblings and/or nieces/nephews), would it be possible for Jesse to get these funds probated as an intestate probate in California?

Due to the fact that Jesse was named executor on the death certificate, it is likely that Jesse could probate the money.

(2) If Jesse gave testimony to the probate judge that the will has been lost and that Jesse was the only named beneficiary in it, is it likely that Jesse would win approval from the court to claim this money?

It is my opinion that Jesse will not be able to claim the money, and the money will be placed in unclaimed funds held for an heir of Mr. Miller or the funds will escheat to the state of CA.