Wolfforth, TX Estate Planning Law Firms & Lawyers

A distribution pattern leaving assets to children and/or descendants of a named beneficiary instead of to a surviving spouse is quite common, though there is nothing in California law that requires it.

Depending on how things were set up, there may or may not be a Will and even if there is one, there may be no assets to pass under the Will. A Will covers only those assets that are in the decedent's name alone. Any assets that were jointly held or that have a designated beneficiary, pass outside of probate and outside the control of any Will. So finding the Will will not help you, if the assets were set up in such a way as to avoid probate.

The executor or personal representative of an estate does not need to reside in the same state as the deceased did. In order to sucessfully fulfill the duties of the executor, it is important to use an attorney who is familiar with the probate and estate laws of the decedent's state of residence.