Can I petition to be named sub-executor of my wife's father's estate?

Full question:

My deceased wife was the executrix of her father's estate. A trust fund was created, there is about $2000 remaining and has been inactive for 7 yrs. I wish to access the acct. But I was told that I would have to be appointed as sub- executor. If so. may I petition the court to be named such?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: California

Answer:

The ability to access the trust fund depends on various factors, including whether the trust is still active and the nature of the assets involved. Typically, a trustee manages the distribution of trust assets after a death. Trust assets usually bypass the probate process, meaning they are not distributed according to a will or state intestacy laws if the deceased had no will.

If the trust is no longer valid or if there are other complications, you may need to be appointed as a sub-executor to handle the remaining funds. You can petition the court for this appointment. It is advisable to consult with a local attorney who can review the specific documents and circumstances related to the estate and trust.

In general, when someone dies, their assets are distributed through probate. If there is a valid will, an executor is appointed; if not, the court appoints an administrator to distribute the assets according to state intestacy laws. For small estates, an heirship affidavit may suffice instead of formal probate. The court issues letters of administration to grant authority to the administrator.

For real property interests, the executor or administrator can execute a fiduciary deed to transfer ownership. If the deceased held joint ownership, the remaining owners may receive the deceased's share without going through probate.