How Do I Fill to Forms to Get Letters of Administration?

Full question:

I am attempting to assist a woman who received a quit claim deed from her father before he died for the home he owned. Since then she has applied for a modification on the loan but Wells Fargo will not proceed until she has letters of administration. I have obtained the forms from Martinez Superior court as she does not have funds to hire an attorney. The forms seem daunting and I need guidance in filling them out for her. The sale date on her house is scheduled for September 30th and the previous application for modification has expired so we have to start again. I have all the documents to submit except for the letter appointing her administrator. Her Dad left no will and I plan on going to the ex parte appearance early next week to talk to a judge about this. Can you help me? Thanks.

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

Answer:

If there is no valid will, the other assets will be distributed according to state laws of intestacy. If it is a survivorship account, or transfer on death account, it passes outside the probate process. That means it will not be included as part of the estate that either passes under a will or according to state intestacy laws (applicable when there is no will). If the account is held as tenants in common, it's possible that the deceased owner's share could pass to heirs.

When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. The court will issue letters of administration to the administrator, giving the authority to handle the affairs of the deceased. An heirship affidavit may also be used to conduct estate affairs when a small estate is involved. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process.

In California, if the value of a decedent's estate doesn't exceed $100,000, the small estate procedures may be used to collect and distribute the assets of the estate. An heirship affidavit may be used in place of letters of administration. An attorney is not required.