Disclaimer: This is educational information, not legal advice. For legal advice about your specific situation, consult a licensed California probate attorney.
Detailed Answer
If your sister died without a will and her assets require probate, a court-appointed administrator (sometimes called a personal representative) will manage the estate. In California, the probate process and who may be appointed are governed by the California Probate Code. Below are the practical steps and legal rules you need to know to seek appointment as administrator.
1. Do you need formal probate?
Not every estate must go through full probate. Small estates and assets held jointly or with beneficiary designations often pass outside probate. California provides a simplified small-estate affidavit procedure under Probate Code §13100 and following sections. See the statute: Probate Code §13100. Also review the California Courts’ general probate help pages: California Courts: Probate Self-Help.
2. Where to file
File a petition in the Superior Court in the county where your sister lived when she died. The local probate division handles petitions for appointment and estate administration. Check your county court’s probate clerk for filing rules and required forms.
3. Who has priority for appointment?
When someone dies intestate (without a will), California law sets a priority list for appointment. Generally the surviving spouse has first priority, then other heirs such as adult children, parents, siblings and so on. If multiple people have equal priority, the court may give preference to the person nominated by the majority of equal-priority persons or follow other rules in the Probate Code. See the statutory priority provisions: Probate Code §8460.
4. Basic eligibility to be appointed
- You must be an interested person (typically an heir or creditor).
- The court will consider whether you are competent and suitable to serve (for example, criminal convictions involving dishonesty may be a problem).
- If someone else with a higher priority (spouse, child, parent) seeks appointment, the court will usually appoint that person unless they are disqualified or refuse.
5. Steps to get appointed administrator
- Gather documents: death certificate, any asset information (bank accounts, real property, vehicle titles), and a basic list of potential heirs.
- Identify heirs and next of kin under intestate succession rules (see Probate Code, Div. 6). A helpful starting point is the intestacy provisions such as Probate Code §6400 and following sections.
- Complete and file a Petition for Probate (to request appointment as administrator). The Judicial Council provides the petition form (often Form DE-111) and supporting forms. See: California Judicial Council Probate Forms and the petition form: Form DE-111 (Petition for Probate).
- Provide required notices: the court will require notice to heirs and certain creditors. The court clerk or local rules will tell you how to serve notice and publish if required.
- Attend the hearing: the court will set a hearing and may ask questions before issuing Letters of Administration (the court’s authorization to manage the estate).
- Post a bond if required: the court often requires an estate bond unless waived by heirs or by statute. Bond protects estate creditors and beneficiaries.
- After appointment: you obtain Letters of Administration, inventory and appraise estate assets, publish creditor notices, pay valid debts and taxes, and distribute assets to heirs per intestacy rules.
6. Time frame and costs
Probate typically takes several months to more than a year depending on estate complexity, creditor claims, and whether disputes arise. Costs include court filing fees, bond premiums, possible attorney fees, and costs to prepare inventories and accountings.
7. Contests and disputes
Other heirs may object to your appointment (for example, alleging lack of suitability or disputing priority). If someone contests, the court will resolve the dispute in a hearing. If family members agree, an uncontested appointment is faster and cheaper.
8. When a small-estate procedure might avoid probate
If the estate qualifies as a small estate under California law, you may avoid full probate by using a small estate affidavit or a summary distribution. See Probate Code §13100 and surrounding sections, and check current monetary thresholds and rules on the California Courts site.
9. When to get legal help
Consider hiring a probate attorney when the estate has real property, business interests, significant assets, creditor disputes, or family conflicts. An attorney can prepare forms, protect you from personal liability, and guide you through inventory, accounting and distribution.
Helpful Hints
- Start by checking whether probate is necessary—many bank accounts, insurance policies, retirement accounts and jointly held property pass outside probate.
- Gather a copy of the death certificate early—courts and agencies will require it.
- Make a list of likely heirs and their contact information before filing the petition.
- Use the Judicial Council forms (DE-111 and related forms) and your county clerk’s local packet to avoid procedural delays: California Judicial Council Probate Forms.
- If all heirs agree you should serve, get written waivers or consents—this often speeds the process and may eliminate the need for a bond.
- Be realistic about time and costs. Even uncontested probate takes months and incurs fees.
- If you cannot afford a private attorney, check local legal aid programs or your county bar association for referrals or low-cost help.
Key statutory references (examples): Probate Code intestacy rules: §6400 and following; priority of appointment: §8460; small-estate procedures: §13100 and following. For forms and local procedures, visit the California Courts probate self-help pages: https://www.courts.ca.gov/selfhelp-probate.htm.
If you want, provide brief facts about your sister’s assets (approximate estate value, whether she had a spouse or children, where she lived) and I can explain which next steps are likely to apply to your situation and which forms you will probably need.