Ask 2 Lawyers: What happens if two different people petition to administer an intestate estate?

What happens if two different people petition to administer an intestate estate so this brings up the issue of competing petitions which is a term that lawyers use the petitions themselves aren't called competing petitions are just two petitions for probate but what's gonna happen store when two different people come in they both file a petition for probate I say I want to be executive you say you want to be executor what's gonna happen so there's a probate code section on this and it deals with the priority of the people who have the right to be the executor of someone's estate where the will doesn't name the executor or there is no well in this case it's an intestate estate so there's no will so the courts gonna look generally at that also you could look to all the family members if all the family members come in and say a person with priority over another shouldn't be there because maybe if a bankruptcy or they're not good with finances or their elderly maybe the court then in its discretion says I'm not gonna point that person I'm going to point someone else and then of course if nobody can agree and everyone's just fighting the judge is gonna say well we'll just get the public Guardian to come in and handle this executor ship and one way or another only one of those petitions can be granted so even if you have two people bringing a petition either they're gonna have to work out some settlement or they're gonna the courts gonna have to do it for them and then ultimately one of the petitions will be granted the other petition will be denied and the estate will continue on on that basis and and what I have seen some courts to do is tell everyone that's there look I'm gonna appoint somebody that you don't like or you all can agree amongst yourself who you want to point and everyone all of a sudden gets their common sense going again and they get somebody appointment albertson and Davidson is here to help you fight for your inheritance check out Alda law calm for our complete library of helpful legal videos and articles from your favorite California trust and we'll litigation law firm Albertson and Davidson LLP.