What Are the Grounds for Removal of a California Executor?

There are certain restrictions in every state including California, about who is able to serve as an executor of probate. An executor has to be of sound mind and at least 18 years old, according to the California probate code. These are not the only restrictions, however, that could be applied in a Pasadena probate case.

A California probate court also has the discretion to reject a possible executor if they find that any of several different grounds for removal are present. The court might identify that the current executor is not capable of carrying out the necessary duties or is likely to neglect or mismanage the estate.

While these circumstances are unlikely to happen, if any questions arise about the qualifications of the person you’ve installed as your executor, the court is responsible for scheduling a hearing.

Any interested individual is able to attend this hearing, including heirs, a spouse, creditors and other possible executors. The purpose of this hearing is for a judge to evaluate the facts of the case and determine who is most appropriately suited to serve as an executor. Anyone who is identified as improper could be terminated at that point in time. There are no specific rules imposed on people who live outside the state of California.

However, as someone putting together your estate plan within the state, you might want to think carefully about whether or not it makes sense to appoint someone who lives far away. It’s usually a good idea to name an executor who lives close to you because this person might be responsible for handling day to day matters for weeks or months after you have passed away.   A Pasadena lawyer experienced with estate planning can provide you with strategies to help.

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