What Happens if There Is a Will but No Executor Named?
Usually, when someone writes a will, they choose an executor, who is the person they want to be responsible for dealing with their estate and distributing assets to beneficiaries when they pass away. However, not everyone does this. Some people pass away and leave behind a will that does not name an executor. So, what happens if a will does not name an executor? Is a will that does not name an executor still considered valid in California? In this article, we answer these questions. Keep reading!
Who Is an Executor?
An executor is the person nominated by the decedent in a will to administer their estate as instructed in the will. The following are some of the duties of an executor in California;
- Filing court documents
- Locating and notifying beneficiaries
- Notifying creditors
- Gathering and inventorying estate assets
- Managing estate assets
- Paying debts and taxes
- Distributing assets to beneficiaries
In California, the probate court must formally appoint an executor before the executor can take any action. But usually, if a will names an executor, the court will honor that choice, unless the nominated individual is unwilling or ineligible to serve.
Is a Will Valid if It Does Not Name an Executor?
A common concern when a will does not name an executor is whether the document is still valid. Yes, a will is valid in California even if it does not name an executor. Wills are meant to express the wishes of those who have passed away regarding how their estate should be administered and assets should be distributed. These instructions remain valid even if a will does not name an executor. However, if a will does not name an executor, the probate process cannot proceed until someone has been appointed to carry out the instructions in the will. In other words, while the will remains valid, the decedent’s estate cannot be administered until the court intervenes.
What Happens if the Will Does Not Name an Executor?
As stated already, if a will exists but does not name an executor, the court must intervene. But how does the court intervene? The court intervenes by appointing someone as the personal representative, usually called an administrator. This individual will have the same responsibilities and authority as an executor.
According to California Probate Code Section 8461, when there is no will or named executor, the court must follow a particular order of priority when determining who should be appointed as the administrator. The list includes;
- Surviving spouse or domestic partner
- Decedent’s children
- Grandchildren
- Other heirs, like parents or siblings
- Public administrator if there are no known heirs
- Creditors, if no family member or heir is available
If you are a family member or an heir, you can request to be appointed personal representative. To do this, you need to file Form DE-150 with the probate court in the county where the decedent lived at the time of death. Once the probate court approves it, you will be ready to proceed and take the necessary steps to administer the estate.
Contact the Probate Guy for Legal Guidance
If you have lost a loved one and they did not name an executor in their will, you might be confused about what happens next. We can help. 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.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8461
