A California executor is the individual named in a will responsible for representing the deceased party’s estate in California and carrying out any instructions laid out in the will. Before a party can begin a formal role as an executor, the court must approve of the nomination. In many cases this is simply a formality but if someone contests the nomination or if the nominee decides not to serve, other legal issues can arise.
A person who has been nominated as a will executor could be appointed by the court unless he or she is disqualified by law or declines to serve in the role. The primary reasons that someone would be disqualified from serving as an executor includes claims of mental incompetence, mental inability to serve or a party who is under the age of 18. Any interested party in California retains the right to challenge the nominee’s desire to serve as the executor.
Interested parties can include beneficiaries, heirs and creditors. Sometimes the objecting party will also propose an alternative nominee, although this is not necessarily required. If you are curious about how to select the right person to serve in the role of executor in your state, schedule a consultation with a Pasadena estate planning lawyer today. The attorneys in our office can help you determine the right course of action for your needs.