The Public Administrator may be appointed under the following circumstances:

1. When no executor or administrator has been appointed and the property is being wasted, uncared for or lost.
2. When ordered to be appointed by the Court.
3. When an heir nominates the Public Administrator, or the Will names the Public Administrator as Executor.
4. When there are no known heirs of the estate.
5. For an heir who resides outside of the State of California and requests the Public Administrator.
6. When the named Executor fails to act on a Formal Probate and no other person has a preferred right.

At the time of the original investigation, the Deputy Public Administrator looks for all leads which may indicate assets of the decedent.  These leads are followed up in due course during the administration of the estate.  Unless someone has deliberately hidden assets, all assets are usually located before the close of the administration.

A formal probate proceeding is the method commonly known for administration of estates.  It is used by the Public Administrator for estates with a date-of-death value exceeding $100,000.

California law allows a Public Administrator to act as administrator of estates where the total value of the estate does not exceed $100,000. This Summary Proceeding may be utilized exclusively by the Public Administrator.  The minimum fee is $750.00. This proceeding is considerably more economical and efficient than a Formal Probate.

The California Probate Code provides for statutory fees for all executors, administrators and their attorneys.  The Public Administrator and his attorney are entitled to the same compensation as other administrators and attorneys.  The fees are based on a definite percentage basis calculated on the value of the estate.

The Statutory fees are figured as follows:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of all above $9,000,000
0.5% of the next $15,000,000
Above $25 million dollars, an amount determined by the Court

In addition to statutory fees the Court, upon request, will award extraordinary fees for such extra work as selling real and personal property, petitioning for determination of heirship, litigation to collect assets, and defending actions against the estate and other similar matters.  All fees must be approved by the Probate Court, usually at the time of the final account.

It is difficult to give a specific answer to exactly when distribution will take place since so many factors are out of the control of the Public Administrator.  Generally, do no expect any distribution to be for fourteen (14) months from the appointment of the Administrator.  For your own peace of mind, do not plan your financial affairs upon the expectation that you will be receiving a certain amount on a certain date.

Yes, the Public Administrator maintains all funds in insured interest bearing accounts except when they are needed to pay claims and other expenses.

If you actually paid any debts of the decedent or incurred charges directly connected with the decedent's death or paid any part of the funeral expenses you should file a Creditor's Claim within four (4) months after the appointment of the Administrator.   Creditor Claims may be obtained at any legal book store, or in an emergency from the Public Administrator.

Yes the Public Administrator is officially bonded.

The funeral expenses are a priority claim and the only claim the Administrator pays as sufficient funds are available.  If the funeral director or mortuary is contacting family members or heirs for payment, he should be referred to the Public Administrator's Office.  If arrangements were made by the family and they agreed to pay for services, the estate will reimburse only to the degree that is considered reasonable and the Deputy Public Administrator has agreed to.

Federal estate tax is a tax on the estate.  It applies when the gross estate exceeds $600,000.  State Inheritance tax ceased as of June 8, 1982.

On Formal Probates, a copy of the First and Final Account will be mailed to the heirs or legatees when it is submitted to the Court for approval.  On Summary Proceedings a copy of the account report will be provided upon request.

A complete account will be given upon the final distribution.  Statements from this office prior to the actual final account would be estimates only in that substantial change may take place in the financial picture (for example, the filing of a large unexpected claim).

The Public Administrator does not have sufficient staff to keep each heir informed of the status of all cases on any current basis.  The primary function of this office is to administer estates, that is, to collect all assets of the decedent, pay just debts, and if there is a residual, to distribute it to those legally entitled as heirs at law or legatees under a Will.  Although the Administrator has definite procedures for informing heirs or legatees during the course of the administration, this is not his first obligation and the time of the staff must be primarily devoted to actual administration of the estate.  We will attempt to answer as promptly as possible all correspondence by return mail.

Certified copies of the death certificate may be obtained by contacting the Registrar-Recorder/County Clerk office by phone at (310) 462-2137 or visit their office at 12400 East Imperial Highway, Norwalk, CA 90650.

A Deputy Public Administrator will work with the family to make the necessary arrangements, or at their request or absence, the Deputy will assume the responsibility to make necessary arrangements.

Arrangements will be made commensurate with any pre-need plans of the decedent or the ability of the estate to pay.  All persons will be afforded a dignified burial.

It is not necessary to hire an attorney insofar as the ordinary administration of the estate is concerned;  this is handled by the attorney for the Public Administrator.  If, however, your right to inherit is not clear, or substantial claims affecting the whole inheritance have been filed, you would be well advised to retain legal counsel to represent your special interests.  The fees for such attorney representation are a matter for private agreement between you and your attorney and they are not charged against the estate.

You can give great assistance by completing fully, and returning promptly all forms sent to you.

There is a general misconception that a very small estate should take less time than a large estate.  Actually, the small estate may often take longer since interim decisions must be based on very accurate estimates and there is no room to cover possible error.

If an estate is solvent and there is sufficient cash to pay claims and expenses, the Public Administrator does not ordinarily sell real property, securities or jewelry without the permission of the known heirs.  Real property poses a problem since it is usually vacant and should be sold as soon as possible.  It is rare that an heir residing elsewhere wishes to hold on to the property, but if that is desired an understanding should be reached with the Deputy Public Administrator as soon as possible.   Different heirs may have varying wishes as to securities and jewelry.

All sales are governed by the California Probate Code.  All probate assets are appraised by a Court appointed appraiser.  The law imposes certain restrictions on the sale of assets for less than their appraised value.  All personal property is sold at auction by open bid to the highest bidder.  Securities are sold without notice.   All real property is sold only after notice of sale and confirmation by the Court.  Real property is sold onsite and sales are confirmed in court.  After confirmation, a 60 day escrow is opened.  The buyer must close in 60 days.

Yes, at open bid for personal and real property.

No.  All sales of property to the Public Administrator, his deputies or employees of the Treasurer and Tax Collector are forbidden by law.

Normally, they are held on the second Saturday of each month. However, since in a calendar year there are usually only ten auctions, if someone was interested in attending, they should call ahead. The number is (626) 336-2364.

The auctions are held at the Public Administrator's warehouse. The warehouse is located at 16610 Chestnut Street, City of Industry, CA 91748.

The preview is from 7:30 a.m. until 9:00 a.m. the day of the auction. The auction starts at 9:00 a.m. and continues until all items are sold. Usually, that will take until approximately 3:00 p.m.

All types of personal property--Automobiles, jewelry, collectibles, clothing, furniture, tools, electronics, bric-a-brac. Literally, anything a person could conceivably own.

A bidder must deposit $100 to obtain a bidder's paddle. Should he/she not spend that much, the balance will be refunded when the individual chooses to leave the auction.

Also, interested individuals should know that all items are sold as is, where is. They must be paid for the day of the auction and removed from the warehouse premises the same day. Again, if someone should have any questions or want to get on the mailing list, they should call (626) 336-2364.

The Public Administrator auctions approximately 125 parcels of improved and unimproved real property on an annual basis. Auctions are normally held on a monthly basis. Individuals who wish to obtain auction dates, get on the mailing list, or obtain the terms and conditions may call William Cohen at (213) 974-0857.

Normally, they are held on the third Saturday and Sunday of each month. However, this schedule is dependent on the Public Administrator's inventory of real property. There may be months when, due to a lack of inventory, an auction is not held.

The auctions are held on site at the parcel being sold. The auctioneer caravans from property to property. Bidders may obtain a flyer which describes the time and location of each parcel.

The types of properties range from unimproved land to apartment buildings, to highly desirable single family residences.

All properties are sold as is, where is, at public auction, by the Public Administrator's auctioneer, Kennedy-Wilson. The highest bidder wins the property which is subject to Court Confirmation before escrow can commence. Complete terms and conditions are listed in the flyer which can be obtained from the Public Administrator, or from Kennedy-Wilson. Kennedy-Wilson may be contacted at (310) 887-6446, or by electronic mail at rwinchell@kennedywilson.com. Should you choose to contact Kennedy-Wilson via the telephone, please ask for Richard "Rhett" Winchell.

To bid at each auction you must have in your possession a $5,000 Cashier's Check, payable to yourself, and a personal check for the balance of the required 10% deposit. Before bidding, one should carefully read all terms and conditions listed in the flyer.