How do I get named as executor for an estate?

UPDATED: Sep 30, 2022

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How do I get named as executor for an estate?

My aunts died in Kern county California and left no wills and didn’t name an
executor. How do I go about getting a testamentary letter stating that I am the

Asked on September 14, 2016 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need to apply to the surrogates or probate court to named as personal representative or administrator (those are the correct terms, by the way; an "executor"  is someone appointed by a will). Contact the court clerk: they can tell you the procedures, provide any forms, let you know about the documentation (e.g. death certificate) you will need, etc. Generally the court appoints the closes kin, so if she had a spouse or children, they will be be appointed if they can be located and want the appointment (no one can appointed against their will; they can decline if they choose).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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