Orange Cove, CA Estate Planning Law Firms & Lawyers

The representative appointed in the probate estate is responsible for collecting all of the assets of the estate and paying all of the creditors of the estate. Both of these duties can delay the complete distribution of estate assets to the legatees named in the will. Funds must be retained in the estate to ensure the duties of the executor can be fulfilled. Excess funds and specific bequests can be distributed early. Partial distributions can be made. Partial distributions must be made proportionately to all of the legatees. The representative cannot distribute to some legatees but not to others entitled to distributions in the same degree. Any partial distribution would be subject to possible refunding back to the estate if necessary.

In cases where there is no will, a probate will need to open and the court will approve a person to be the executor of the estate. Assuming there are no living spouse, children or parents, then any surviving siblings would inherit her estate (laws of intestacy). If she only has one living sister, in all likelihood, the probate court would put her in charge since she is the one who would receive the assets.