Results 1 to 3 of 3
  1. #1
    Join Date
    Nov 2009
    Posts
    5

    Default Executor Fees if a Will is Not Probated

    My question involves estate proceedings in the state of: CA

    Estate consists of $150K manufactured home (MH) and some personal belongings. Will identifies two of four siblings as co-executors. Estate proceeds to be shared equally among all siblings. Will was never probated. CA allows title transfer of MH from deceased to siblings through CA HCD (475.2) without going through probate. As I understand it, co-executors, as identified in the will, are not legally such if the will is not probated. Questions: Is this true? Do the co-executors, as identified in the will, still have the authority to administer the estate? Are they also legally entitled to executor fees under CA probate code?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Legallity of Executors

    Basically...

    A will can designate someone as an executor. That person has the legal right to manage the affairs of the estate. Should the estate have sufficient assets or issues to require they become court appointed, to settle the estate, they then apply to become a court appointed executor if they accept the responsibility. If the title of the mobile home had a TOD type designation, it could be transferred without an executor, by the beneficiary. CA HCD (475.2) allows transfers of this nature subject to compliance with Section 18102 of the California Health and Safety Code.

    http://www.hcd.ca.gov/codes/475.2Cer...outProbate.pdf

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Executor Fees if a Will is Not Probated

    If you're stating that the estate plan will be executed without probate, then the people designated in the will as the decedent's preferred executors will never be appointed to take that role and will thus not be entitled to fees as executors.

    1. Sponsored Links
       

Similar Threads

  1. What Are Reasonable Fees For an Executor
    By aperson in forum Estate Planning, Administration and Probate
    Replies: 4
    Last Post: 07-30-2010, 08:29 AM
  2. Reasonable Executor Fees In Georgia
    By ckhoffman99 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 02-22-2008, 10:32 AM
  3. Executor and Trustee Fees
    By runnymede in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 12-19-2007, 07:32 AM
  4. Getting a Copy of a Probated Will
    By Rex39 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 08-01-2007, 06:07 PM
  5. Executor Fees
    By dedly_storm in forum Estate Planning, Administration and Probate
    Replies: 3
    Last Post: 06-23-2006, 05:04 AM
 
 
Sponsored Links

Legal Help, Information and Resources