Probate and Estate Attorney Matthew Talbot discusses how an administrator of an estate is selected when there is no legally valid will. Matthew describes the purpose of an administrator (called an executor when there is a will). The purpose of an estate administrator is to marshal assets, prepare the assets for distribution, and generally manage the affairs of the estate, including paying taxes and debts.
A probate is necessary when there are assets in an estate, such as a house, that need to be transferred out of the name of the deceased. California probate code gives a detailed list of who has priority to administer an estate. For example, spouses generally come first, with children second, and so on down the family line (parents, cousins, siblings, grandchildren). The court will generally select the person with the most priority to administer the estate, unless someone can prove they are not up to the task due to lack of mental capacity or another mental or physical issue. Problems arise most often when there are two or more parties on the same priority level who want to administer the estate. For example, two brothers who wish to administer the estate of their deceased parent(s). If one person cannot clearly show why they are best suited to become special administrator to the court, they are often ordered to mediation. When parties cannot agree, often they choose to select a professional administrator. An experienced estate attorney can assist clients in resolving the matter of who will administer the estate, and help their client to decide whether to pursue their claim to administer the estate, mediate with the opposing party, or hire a professional. It is generally in the best interest of all parties involved to settle. This will avoid costly litigation and estate assets going to pay for professional fees. This enables beneficiaries to get the largest distributions. Probate attorney Matthew Talbot emphasizes the importance of setting up a will or trust to avoid costly litigation. A legally valid will or trust allows one to designate an executor and specify how they wish their assets to be distributed.