Being the executor of someone’s estate is an honor – but it’s also a really big responsibility and a lot of work. Sometimes, the person chosen either can’t or won’t take on the role.
Sometimes, the problem doesn’t even arise until after the executor has already started handling the estate. They may also pass away, have a health crisis or simply get overwhelmed. What happens then? Fortunately, California law provides ways to appoint someone else so that the estate can still be settled.
When the named executor cannot serve
Nobody is required to accept the role of executor simply because they’re named in someone’s will. If the person declines, the first step is to review the will to see whether an alternate executor was named.
If there is no alternate named or willing to serve, the probate court can appoint someone else to handle the estate as an “administrator.” Generally speaking, the court will look first to close family members to see who might be qualified to serve before turning to public administrators, and California law establishes specific priorities for these appointments.
What if the executor has already been appointed?
Things become more complicated when an executor accepts the responsibility but then fails to perform their duties. An executor might neglect to pay estate debts, refuse to communicate with beneficiaries or allow property included in the estate to deteriorate due to neglect.
Under California Probate Code § 8502, an executor can be removed for several reasons, including mismanagement, waste, theft, simple failure to perform their duties, incapacity or conduct that poses a danger to the estate or its beneficiaries.
If an interested party petitions the probate court for their removal, the court will consider the evidence and decide whether removal is justified. A successor can then be appointed to continue administering the estate.
Does this mean the estate will be delayed?
Changing executors can create delays, particularly if the original executor has already taken control of estate assets or failed to maintain proper records. However, the executor’s inability or refusal to serve doesn’t invalidate the will or prevent the estate from being settled. Prompt legal guidance can help.
