Q: My father just died without a will and his estate now needs to be probated. Who will the Court pick to be the administrator now: me or my stepmother?

by | Feb 9, 2022 | Estate Planning, Q&A, Trust And Estate Administration |

A: Probate Code Section 8461 is very clear that a surviving spouse (subject to some very rare exceptions) will ALWAYS have priority over a child! If you would prefer that your child be the administrator versus your spouse, make sure to execute a valid will!