How Are Executors Appointed in California?
When someone passes away in California, their estate usually goes through probate. This court-supervised process ensures that the decedent’s debts and taxes are dealt with and that the remaining assets are distributed to beneficiaries and heirs. The probate process involves several steps. One of the first and vital steps in this process is appointing an executor, also known as a personal representative. If you recently lost a loved one, you might be wondering, “How are executors appointed in California?” In this article, we explain how executors are appointed in California probate and share some crucial information you need to know if you are involved in the probate process.
Who Is an Executor in California Probate?
Before diving into how executors are appointed in California, it is vital first to understand who an executor is and what role they play in the probate process. An executor manages the deceased person’s estate and carries out their final wishes. Executors perform legal, financial, and administrative tasks. Here are some of the primary duties of an executor in California;
- Filing paperwork with the probate court
- Collecting and valuing estate assets
- Notifying heirs, beneficiaries, and creditors
- Paying debts and taxes
- Distributing remaining assets to heirs and beneficiaries
Executors have significant powers, including selling property if sales are necessary to pay debts or meet the will’s requirements. Because the executor holds considerable power, California has clear rules about who is allowed to serve and how they are appointed.
How Are Executors Appointed?
Under California Probate Code section 8420, if a decedent leaves behind a will, and in the will a person is named as the executor, that person has the right to be appointed personal representative. However, the individual named in the will must file a petition to be formally appointed by the court and begin their duties. Usually, the court will allow the named executor to serve as the personal representative, unless there is a valid reason they cannot serve. For instance, you cannot serve as a personal representative in California if you are under 18.
So, what happens if the designated executor is unwilling or unable to take on the role? In such a case, the court will check if the will names an alternative person. If there is no alternative, the court will appoint someone else as per the state’s priority list for appointments. In general, surviving spouses or children are given priority.
The Appointment Process
As you’ve already learned by now, officially becoming an executor in California is not automatic. The individual seeking to serve as executor must file a Petition for Probate with the probate court in the county where the decedent lived. After filing;
- The court sets a hearing date.
- Interested parties must be given notice of the probate proceeding.
- If everything is in order and there are no valid objections, the court issues Letters Testamentary.
The “Letters” give the appointed individual the legal authority to act on behalf of the estate. Without Letters Testamentary, an executor has no legal power to act on behalf of a decedent’s estate.
Note: If there is no will, the decedent is considered to have died interstate. In such cases, courts use California’s order of priority to decide who can serve as administrator.
Contact The Probate Guy
If you are going through the probate process and need legal help, contact the experienced 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_displayText.xhtml?lawCode=PROB&division=7.&title=&part=2.&chapter=4.&article=2.
