Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2018
    Posts
    2

    Default Naming a Co-Executor or Successor Executor

    My question involves estate proceedings in the state of: California

    In California can an executor (for a trust/will whose creator is deceased) name a co-executor or a successor, in a situation where the current executor is the sole surviving child of the will creator? Would the executor need to go to probate court? Is it common practice for an executor to name their successor, in situations where a trust may not be closed for the foreseeable future?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Naming a Co-Executor or Successor Executor

    A will nominates (it requires a probate court to actually make the appointment) an executor. A trust document assigns the trustee without court involvement. You seem to be mixing the two different issues together. An executor lords over the estate of a decedent and a trustee controls a trust (within the rules created by the trust documents)

    in either case the executor or trustee does not have to be a relative or any other person with a special relationship with the trustor/testator.

    in the case of an executor, one would typically expect them to complete the probate of the estate where their job and position would end. If the do not wish to complete the process, they can nominate a successor executor. That person would have to be assigned by the court. The heirs would have the right and opportunity to object to the assignment if they chose to.


    with a trust,,the trust document may have some direction as to who would be appointed as trustee. If not, then the trustee could appoint another party as trustee. The beneficiaries could contest the assignment if they chose to but by no means have true control over the appointment. The current trustee had been put in place to control the trust and assigning a new trustee would fall within the purview of the trustee.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,774

    Default Re: Naming a Co-Executor or Successor Executor

    No successor executor, but you can name multiple prospective executors. For instance, my proposed executor is my big-time attorney sister, but if she predeceases me or is otherwise incapacitated, my "not a lawyer but has a good head on her shoulders" sister-in-law is the alternate.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,939

    Default Re: Naming a Co-Executor or Successor Executor

    Quote Quoting copper7
    View Post
    My question involves estate proceedings in the state of: California

    In California can an executor (for a trust/will whose creator is deceased) name a co-executor or a successor, in a situation where the current executor is the sole surviving child of the will creator? Would the executor need to go to probate court? Is it common practice for an executor to name their successor, in situations where a trust may not be closed for the foreseeable future?
    I'm not clear on what you are asking. Are you asking if you can abdicate your position as executor during your lifetime or are you asking if you can designate a co-executor or successor in contemplation of your death?

    You can do either or both.

    Have you been named the executor by the probate court? Were you issued letters testamentary?

    If you no longer want to be the executor during your lifetime, you go to the probate court clerk and abdicate. You fill out a form and name your successor. Your successor should accompany you to court.

    2005 California Probate Code Sections 8420-8425 Article 2. Executors
    PROBATE CODE
    SECTION 8420-8425

    8420. The person named as executor in the decedent's will has the right to appointment as personal representative.

    8421. If a person is not named as executor in a will but it appears by the terms of the will that the testator intended to commit the execution of the will and the administration of the estate to the
    person, the person is entitled to appointment as personal representative in the same manner as if named as executor.

    8422. (a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor. The will may provide that the persons so designated may serve without bond.

    (b) A designation shall be in writing and filed with the court. Unless the will provides otherwise, if there are two or more holders of the power to designate, the designation shall be unanimous, unless one of the holders of the power is unable or unwilling to act, in which case the remaining holder or holders may exercise the power.

    (c) Except as provided in this section, an executor does not have authority to name a coexecutor, or a successor executor or coexecutor.

    1. Sponsored Links
       

Similar Threads

  1. Executor Abuse, What Can I Do
    By dedly_storm in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 04-16-2010, 08:28 PM
  2. Deadbeat Executor
    By Surfer in forum Estate Planning, Administration and Probate
    Replies: 5
    Last Post: 11-27-2007, 01:02 PM
  3. Help with Executor
    By meeko in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 12-12-2006, 07:06 AM
 
 
Sponsored Links

Legal Help, Information and Resources