In California probate, the appointment of a daughter as the Administrator of a deceased person’s estate gives her legal authority to gather and manage probate assets—even when a surviving spouse is present. However, the distribution and control of assets can become complicated depending on how property was titled and whether the decedent left a will. This article outlines how the Administrator can enforce her rights and ensure that estate assets are properly managed and distributed.
Understanding the Scope of the Administrator’s Authority
The daughter, as Administrator, has the legal power to manage probate assets—those that are subject to court-supervised distribution. This does not include assets held in joint tenancy, assets with designated beneficiaries (such as life insurance or retirement accounts), or assets held in a trust. If the surviving spouse is in possession of property that belongs to the estate, and that property falls under probate, the Administrator can take legal steps to recover it.
Filing a Probate Code §850 Petition (Heggstad Petition)
One of the primary legal tools available to an Administrator is the Probate Code §850 petition, also known as a Heggstad Petition. This court action is appropriate when:
- The surviving spouse is wrongfully holding assets that belong to the estate
- There is a dispute over ownership of certain property
The petition allows the court to determine who rightfully owns the contested assets and, if necessary, order the return of estate property to the Administrator.
Requesting an Accounting or Discovery
If the Administrator suspects that the surviving spouse is concealing or mismanaging assets that should be included in the estate, she can file a petition for an accounting. This compels the spouse to disclose assets in their possession. Additionally, the Administrator may request discovery tools such as subpoenas, depositions, or demands for documents to obtain further information about the assets in question.
Enforcing Court Orders
In cases where the court has already issued an order requiring the spouse to turn over property or provide specific information, and the spouse is not complying, the Administrator has several options:
- Filing an Order to Show Cause (OSC) or a motion to enforce the prior court order
- Requesting sanctions or seeking a finding of contempt of court
- Asking the court to appoint a referee to take possession of the assets
- Utilizing the services of a sheriff or a writ of possession to recover property
These enforcement mechanisms are designed to ensure court orders are respected and followed.
Considering the Rights of the Surviving Spouse
While the Administrator has a fiduciary duty to manage and distribute estate assets properly, it is also important to consider the legal rights of the surviving spouse. California is a community property state, meaning the spouse may be entitled to half of the community property. Additional protections may include:
- Probate homestead rights
- Family allowance
- The ability to file a Spousal Property Petition for assets that pass outside of probate
That said, the surviving spouse cannot improperly withhold property that the court determines belongs to the estate or that should rightfully go to heirs or beneficiaries.
The Role of a Will (or Lack Thereof)
The presence or absence of a valid will significantly impacts the distribution of the estate:
- If there is a will, it dictates how assets are to be distributed. The Administrator must follow its terms unless the will is formally contested in court.
- If there is no will, the estate is distributed according to California’s intestate succession laws. In these cases, the surviving spouse and children divide the estate based on whether the assets are considered community or separate property.
Recommended Next Steps
If you are an Administrator facing resistance or confusion regarding asset control—especially when a surviving spouse is involved—it is essential to proceed carefully and strategically. Key next steps include:
- Consult a probate attorney to ensure proper legal procedures are followed
- File appropriate petitions as needed:
- Probate Code §850 Petition
- Petition to Compel Inventory or Accounting
- Contempt or Enforcement Motions
- Use court authority to retrieve estate assets and enforce your responsibilities as Administrator
Final Thoughts
While probate in California can involve emotionally and legally complex situations—especially when a spouse is involved—the law provides Administrators with clear tools to fulfill their duties. By understanding these rights and taking appropriate legal action, an Administrator can protect the estate and ensure assets are properly distributed according to the law.
