California, United States of America
The following excerpt is from Estate of Schneider v. Noroski, G047377 (Cal. App. 2013):
"A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective" through the issuance of letters. ( 8400, subd. (a).) If a person dies intestate, the court shall appoint an "administrator" (or administrators) of the estate. ( 8460; cf. 8420 [appointment of "executor" of will].) Of relevance here, one power of personal representatives is to "[c]ommence and maintain actions and proceedings for the benefit of the estate." ( 9820, subd. (a); see Smith v. Cimmet (2011) 199 Cal.App.4th 1381, 1390-1391
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