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  1. #1
    Join Date
    Nov 2015
    Posts
    28

    Default Removing an Executor, Will This Work

    My question involves estate proceedings in the state of: calif.
    I have a will which I have nominated my 2 sons as co-executors.
    I want to remove one of them.
    So to do that, I will attach a notarized addendum, from me stating that I am removing no. 2 son as executor. Signed and notarized, and then attach it to the will
    Will that work?

    Thanks

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Removing an Executor, Will This Work

    You need to prepare a codicil to the will and it must be executed with the same requirements as the execution requirements for a valid will, as outlined in the California Probate Code.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Removing an Executor, Will This Work

    Notarization is unnecessary, but multiple disinterested witnesses are necessary. Also, nominating multiple executors can create problems that won't exist with only one.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Removing an Executor, Will This Work

    Yes, best to provide for only one executor. You can name contingent ones to be nominated if the first choice isn't available or willing.

    You might want to consider just redoing the whole will.

    There's no need for notarization, as pointed out. There's no need for the witnesses to be to be "disinterested." They just have to both at the same time witness the signing of the will by the testator, and understand that is what is happening and sign it themselves.

  5. #5
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Removing an Executor, Will This Work

    Quote Quoting flyingron
    View Post
    There's no need for the witnesses to be to be "disinterested." They just have to both at the same time witness the signing of the will by the testator, and understand that is what is happening and sign it themselves.
    Yeah...I didn't word that well. Having witnesses who are not disinterested (a witness is disinterested if he/she is not an heir under the intestate succession law or mentioned in the will) can also create problems, so it's typically considered better to have disinterested witnesses.

  6. #6
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Removing an Executor, Will This Work

    If one of your nominees does not want to serve they can abdicate when probate is placed before the court. If this is your decision, then you should change your will.

    It's a bad idea to have co-executors.

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Removing an Executor, Will This Work

    Quote Quoting jeffdickey
    View Post
    My question involves estate proceedings in the state of: calif.
    I have a will which I have nominated my 2 sons as co-executors.
    I want to remove one of them.
    So to do that, I will attach a notarized addendum, from me stating that I am removing no. 2 son as executor. Signed and notarized, and then attach it to the will
    Will that work?
    It's called a codicil, as already explained but it's best to rewrite the will and destroy the old one. Otherwise somebody could destroy the codicil after your death and use the original will as valid by itself.

  8. #8
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Removing an Executor, Will This Work

    Quote Quoting adjusterjack
    View Post
    It's called a codicil, as already explained but it's best to rewrite the will and destroy the old one. Otherwise somebody could destroy the codicil after your death and use the original will as valid by itself.
    The codicil can also be added on the last page of the current will but you are correct, it should never be added as a separate document.

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