What is the process to appoint a probate executor or administrator?

Assume that your probate jurisdiction is Los Angeles. You first have to determine if there is a will. Not just any will, but a valid will. For the Court to use a will to appoint an executor, the will has to be authenticated. During a will contest, if there are questions about the authenticity of a will, the Court will generally not appoint an executor from the will but will appoint a special administrator to manage the assets of the decedent during litigation, in hopes that people will negotiate and end the dispute.

Below is a list of factors the probate court will consider in appointing an executor or administrator of a Los Angeles estate:

  1. The authenticity of the Will.
  2. Suitability of the proposed Administrator or Executor.
  3. Bondability of a person who is not named in the will as executor.

Below is the Guide to Appointment of a Los Angeles Executor in pdf format:

Need help with probate? Ask Mina Sirkin, Probate Attorney by calling 818.340.4479.

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