Detailed Answer
Under California law, the court appoints a personal representative (formerly called executor or administrator) to manage a decedent’s estate. Whether you can serve depends on two factors: (1) whether the decedent left a valid will naming you, and (2) statutory priority if there is no will.
1. Serving Under a Will
If the decedent left a valid will that nominates you—even as a mother-in-law—the court generally will appoint you unless you are disqualified. California Probate Code § 8002 allows the testator’s nomination to control. To qualify, you must be over 18, mentally competent, and not convicted of a serious felony (Cal. Prob. Code § 8402).
2. Serving in an Intestate Estate
When no will exists, the court follows the priority list in California Probate Code § 8460 (Cal. Prob. Code § 8460). That list names— in order—spouse/domestic partner, children, grandchildren, parents, siblings, nieces and nephews, grandparents, and other next of kin by degree of kinship. A mother-in-law is not a blood or adopted relative of the decedent. Therefore, you would not qualify under intestacy unless all higher-priority relatives are unavailable or waive their right.
How to Open Probate
- File a Petition for Probate in the Superior Court of the county where the decedent lived (Cal. Prob. Code § 8000).
- Attach death certificate and will (if any).
- Complete and serve required notices.
- Attend the hearing. If no one contests and you qualify, the court will issue Letters of Administration or Letters Testamentary.
Helpful Hints
- Locate all potential wills and check for your nomination.
- Review Cal. Prob. Code § 8460 priority list to see who ranks above you.
- Get waivers from higher-priority relatives if they decline to serve.
- Confirm you meet basic qualifications: age, mental capacity, no disqualifying felony.
- Prepare required court forms in advance (visit your county court’s probate website).
- Consider consulting a probate attorney if the estate is complex or contested.
Disclaimer: This article is for educational purposes only. It is not legal advice. Always consult a qualified attorney about your specific situation.