The Public Administrator is legally mandated to serve in a fiduciary capacity to provide professional estate management services to county residents. The powers of the Public Administrator are mandated by the Probate Code of the State of California. (Cal Prob Code § 7600 et. seq.).
The Public Administrator may be appointed under the following circumstances (Cal Prob Code § 7620):
- When no executor or administrator has been appointed and the property is at risk of waste, loss or misappropriation.
- When appointed by the Court.
- When an heir nominates the Public Administrator or the Will names the Public Administrator as Executor.
- When there are no known heirs of the estate.
- For an heir who resides outside of the State of California and requests the Public Administrator.
- When the named Executor fails to act on a Formal Probate and no other person has a preferred right.
- In situations where the person with priority to act is not a resident of the United States.