Can Daughters Serve as Personal Representatives in California?
When someone dies in California and leaves behind assets titled in their name, their estate may be required to go through probate. Probate is the process of managing a decedent’s assets, whether or not they left behind a will. A key figure in the probate process is the personal representative. A personal representative is the individual responsible for managing the administration of the decedent’s estate. But who can serve in this role in California? Specifically, can daughters serve as personal representatives in California? Simply put, yes. However, there are some important qualifications. Read on!
Who Can Serve as a Personal Representative in California?
In California, the personal representative of a decedent’s estate does not have to be a legal or financial expert. Generally, any U.S. resident who is at least 18 years old and of sound mind can be appointed as a personal representative. But there are a few exceptions. Still, the California Probate Code does not exclude daughters or other family members from serving as personal representatives solely based on their relationship to the deceased.
If a decedent left behind a will and named a daughter as the executor, the probate court will generally honor that choice unless there is a legal reason not to. If there is no will, the court can appoint someone to serve as the personal representative, including the decedent’s daughter as long as they are legally eligible and willing to serve. In fact, California law gives priority to family members, including daughters, when selecting a personal representative.
What Might Disqualify a Daughter From Serving as a Personal Representative?
While daughters can serve as personal representatives in California, certain circumstances may disqualify them from serving. The following are the grounds under California Probate Code Section 8402 that might disqualify a daughter or anyone else from serving as a personal representative;
- Being under the age of majority, or in other words, being a minor
- Not being a resident of the United States
- There are grounds for removal of the individual from office under California Probate.
- The person is subject to a conservatorship or otherwise incapable of performing the duties of a personal representative.
- The individual and the decedent used to be business partners, and an interested party has objected to their appointment
If a will names the decedent’s daughter as executor, any interested party, such as a sibling or creditor, can file an objection and ask the probate court to consider if she is fit to serve.
Duties of a Daughter Serving as a Personal Representative
When a daughter is appointed as a personal representative, either as an executor (named in a will) or administrator (appointed by the probate court), she is legally obligated to act in the best interests of the decedent’s estate and its beneficiaries. The duties of a daughter serving as a personal representative include;
- Filing the will with the probate court (if there is a will)
- Notifying beneficiaries/heirs and creditors
- Gathering, inventorying, and appraising estate assets
- Managing and protecting estate assets
- Addressing debts and taxes
- Distributing estate assets to beneficiaries or heirs
Regardless of the relationship to the decedent, if you have been appointed as the personal representative, it’s best you seek the help of an experienced probate attorney to ensure you meet your legal obligations.
Contact Us for Legal Help
If you need help navigating the probate process, contact the 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.
