Can an Out-of-State Executor Serve in a California Probate?
If you have been named the executor in a loved one’s will, you may be feeling very honored. Indeed, it is a huge honor to be trusted with such a significant responsibility. An executor is responsible for settling the decedent’s estate through probate. This court-supervised process involves gathering and inventorying the decedent’s estate assets, paying debts and taxes, and distributing remaining assets to beneficiaries according to the will or state law.
But what happens if you live in another state and the estate you are supposed to manage is in California? Can you, as an out-of-state executor, serve in a California probate? In California, it is perfectly okay for an out-of-state family member or other individual to perform the duties of an executor. However, you must meet certain criteria. Additionally, you may face some unique hurdles that a local resident wouldn’t face.
California Law on Out-of-State Executors
In California, the law does not bar people who live in other states from serving as executors. However, under the state’s probate laws, appointees must meet specific criteria to be allowed to serve.
- You must be above the age of 18
- You must not be the subject of a conservatorship
- You must be fit to execute your duties
- You must be a U.S. resident
However, while you are legally allowed to serve as the executor of a California estate, you may need to meet extra requirements compared to in-state executors. This can make you work a bit tougher. Also, being far away can complicate the probate process. Keep reading to learn more!
Bond Requirement Under California Probate Law
While California does not prohibit out-of-state executors from serving in probate or impose special requirements, some courts may require you to post a bond. This requirement is codified in California Probate Code section 8571. This bond may be referred to as a “Probate bond” or “fiduciary bond.” Both mean the same thing.
So, what is the purpose of the bond? A probate bond acts as an insurance policy that protects the estate’s beneficiaries, creditors, and other interested parties. It shields the estate from fraud and other illegal acts that may cost beneficiaries, creditors, and other interested parties.
You may wonder, “Can’t I waive the bond?” In California, even if the decedent’s will directly waives the bond requirement, the probate court is not obligated to obey those instructions if the executor lives in another state. In such a case, the probate court can overrule the instructions in the will and require a fiduciary bond.
Challenges of Being an Out-of-State Executor
The truth is that as a non-resident serving in a California probate, you may face several challenges, including;
- Bond requirement
- Travel and time commitments
- Managing the decedent’s assets from afar
- Communication delays
- Increased risk of errors
If you feel unable to manage all your responsibilities as an out-of-state executor, it may be worth considering alternatives, such as letting the court appoint a California-based executor.
Contact The Probate Guy
If you’ve been named as the executor of a California estate and live in another state, a probate attorney can help make the process as smooth as possible or guide you on the best action to take. Contact the skilled and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8571.
