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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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California?

Customer Question

California?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Any interested party can file for probate, meaning, to initiate probate. This may be a creditor, a family member, or a close friend who believes that the Will left them something.

Once a probate matter is initiated, the Court will appoint the Executor (also known as the Administrator, or, Personal Representative). Normally this is the person that the WILL states will fulfill this role, but if this person is unable or unwilling to serve, the Court will appoint someone else. Interested parties can nominate themselves or others, and then the Judge will decide.

Once the Executor is nominated, they have a duty to fulfill the wishes of the deceased as written out in the Will.

I am not sure the Court appointed a Public Administrator. Normally this happens if the Executor does not file for probate, or is contacted but declines to serve. Also, there may have been a misunderstanding that she did not have a Will, because until/unless someone files, no one knows for sure.

If the Court appointed a Public Administrator, then the Public Administrator is the party responsible to carry out the wishes of the Will. If the Court orders a Will to be proven up, then whoever the Court orders to do so must do so.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
I was looking for an attorney in California. Thanks you for your reply.
Expert:  Ely replied 1 year ago.

The question goes to the first available expert. I can opt out if you'd like, however an expert from California will tell you the very same thing.

Did you wish for me to opt out?

Customer: replied 1 year ago.
please opt out. Thanks for your reply.
Expert:  socrateaser replied 1 year ago.

Hello,

I am a member of the State Bar of California, the U.S. District Court for the Central District of California (LA/OC/Ventura/Santa Barbara/Riverside/San Bernardino), and the California and National Associations of Realtors. Please permit me to assist.

You have asked the following:

If the court orders a codicil, and a will proven up, who is responsible for making sure that is done?

A: The Probate Division of the Superior Court does not order a codicil, so I'm not entirely sure that I understand your question. If you are asking who bears the burden of proving the validity of a codicil, then the person who submits the codicil to the court for an order admitting the Will and codicil into probate, bears the burden of proving the instrument is valid/authentic. Any challenger(s) bear the burden of disproving the instrument's validity.

The holographic codicil was written,signed, and witnessed by 2 other inmates while she was incarcerated. Neither of the witnessed signed an affidavit of subscribing witness, Just the person that lodged the codicil witnessed her hand writing. Who was responsible for making sure the courts orders were followed?

A: I'm really not following your question, here. Could you please clarify: To what court orders do you refer?

As soon as you clarify the question, I'll be happy to provide the answer(s).

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